Sep 19, 2016

Rising Blood Alcohol Levels Used as Potential DWI Defense

Rising blood alcohol levels can potentially be used as a defense against a DWI. A person may not have been drunk when they were initially driving, but increasing blood alcohol concentration (BAC) could put him or her over the legal limit as time passes. Successfully using rising BAC as a defense can be tricky, and certain conditions should apply. An experienced St. Paul DWI attorney can answer questions about this type of case.

Table of Contents

Minnesota Laws Against DWI

Thousands of people in Minnesota are arrested each year for DWI. Each case may be a little different, depending on the arrest, previous violations, and criminal record. Violators of the law face a myriad of criminal and administrative sanctions.

For the first offense, drivers can expect at least 90 days in jail, depending on the BAC level. Administrative penalties include 90 days of no driving, which is reduced to 30 days with a guilty plea. A level higher than 0.16 warrants one year in jail and either one year of no driving or one year of driving with an ignition interlock. An ignition interlock requires the driver to breathe into the device before the car starts.

Second and third offenses include more jail time and loss of driving privileges. After four offenses in a ten-year period, the charge will be a felony with seven years in prison and/or a $14,000 fine.

What Does Rising BAC Mean?

Social drinkers and moderate drinkers can learn to estimate their BAC, and they know their personal limits for driving. However, rising BAC levels can cause drivers who were not drunk initially to be over the legal limits as time passes.

When alcohol is consumed, it is absorbed into the bloodstream gradually, via the stomach and small intestine. The liver will then filter the blood, and the alcohol will eventually break down. Once a person has stopped drinking, his or her blood alcohol levels continue to climb because absorption is gradual. Eating can slow the breakdown of alcohol, also leading to slowly rising BAC levels.

For rising BAC to be used successfully, a few conditions should be met.

Near the legal limit
A time delay before testing
No clear signs of intoxication

A rising DWI defense can help prevent a conviction. DWI penalties are severe, and anyone who could benefit from this defense should consider legal assistance.

Citation

https://dps.mn.gov/divisions/ots/educational-materials/Documents/impaired-dwi-consequences.pdf

Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active

Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Aug: 30, 2024

Do Juvenile Crimes Impact College Admissions?

Students with juvenile convictions in their records and intending to apply for college may wonder, “Do juvenile crimes impact college admissions?” A juvenile crime in Minnesota can lower the odds of your child’s college application getting approved. A conviction of a serious juvenile crime may result in an automatic rejection of college applications. A minor with a criminal record may be disqualified from accessing student loans or grants.

Aug: 30, 2024

What Is the Post-Conviction Process, and How Long Does It Take?

Defendants convicted of a crime may ask, “What is the post-conviction process, and how long does it take?” A petition for post-conviction relief allows you to contest the legality of a criminal conviction or sentence following an unsuccessful direct appeal process or passing the appeal deadline. This petition involves legal issues not addressed at trial or direct appeal. These issues include a constitutional rights violation, newly discovered evidence, and inadequate or ineffective lawyer representation.

Aug: 30, 2024

How Long Does the Sentencing Phase Take?

Knowing how long the sentencing phase takes in Minneapolis, MN, can help you ease worries and work towards receiving a fair sentence. The sentencing phase of the criminal justice process usually takes only minutes, especially when the judge approves the sentence negotiated in a plea bargain. Sentencing can sometimes be lengthy, particularly when you get convicted at trial, and the judge schedules a hearing to a later date to decide on appropriate legal penalties. The nature and seriousness of the criminal conviction, whether your sentence is negotiated or determined by a judge, and continuance motions are some factors that may affect the length of the sentencing phase.