Question: What is rising blood alcohol content? Can it be used as a DUI defense in Oklahoma?
Answer: Rising blood alcohol comes from I think a lot of the cases we see. Because if you think, many people get picked up pretty close to the bar they’re leaving. More often than not, one of the last things a person may do when they’ve been out having a few drinks is finish off the drink they have; finish it and let’s go. That means that you have alcohol in your stomach that has not been fully absorbed. In our state, we use the Intoxilyzer 8000 and through our studies we see that the machine tends to over-read a proper reading when a person is still absorbing alcohol. It’s kind of like climbing a hill. When you quit drinking, there’s going to be a period that you will continue to be climbing, and eventually it gets absorbed and you start going downhill and you start becoming less intoxicated. That’s kind of what a curve for rising alcohol would look like; you’re going to be on one side or the other of that hill, and if you’re going uphill, we tend to get much higher readings than what we would be if we were going down.