Most people think the worst thing they can do is pound a drink and hit the road. However, because of the time it takes your body to absorb alcohol, it is entirely possible that you could make it all the way home before that last drink ever entered your bloodstream.
Of course, if you’re stopped for a DUI and take a blood test an hour later, you would have had time to absorb that last drink, and the blood test would show a level higher than what you had at the time you were driving. This defense is called the “rising blood alcohol” defense because your BAC was still rising at the time you were stopped. Blood test defenses include:
DUI Defense #23
→ Fermentation by yeast present in the blood sample increased the alcohol level in the blood sample after it was taken.
DUI Defense #24
→ Rising blood alcohol defense
DUI Defense #25
→ Inherent error in gas chromatograph