Super Lawyers
Justia Lawyer Rating
Best Lawyers
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers

Grand Rapids Rising Blood Alcohol

If you’ve been charged with DUI in Grand Rapids Michigan, then you may wonder how your lawyer can possibly defend your case? There are myriad ways to defend a DUI, and one of them is called the “rising blood alcohol defense.” This law exists in Michigan because our DUI laws require the prosecutor to prove that you were intoxicated at the time of the driving. This means that it is theoretically irrelevant if you were intoxicated at the time of the breath or blood test. Showing this time connection is even more difficult if your DUI case involves drugs rather than alcohol.

This is because one way for the prosecutor to prove intoxication is with the breath or blood test results. In an alcohol case this means that if the prosecutor can prove that you had a bodily alcohol level at or above .08 at the time of your operation, then the jury may find you guilty on this basis alone. The jury instruction allows the jury to assume that the alcohol level was the same at the time of the driving as it was at the time of the test, but they are not required to do so.

Showing this time-based connection is not always as straightforward as it seems. For one thing, it usually takes time to get a breath or blood test, usually an hour or more, and the blood alcohol or drug level can change significantly during this hours’ time. This is an important because during this hour your alcohol or drug level is either increasing or decreasing. If your lawyer can build a defense showing that your drug or alcohol levels rose between the time of driving and the time of the test, then you may have a rising blood alcohol defense.

Where This Defense May Be Applicable

The rising blood alcohol defense is very fact specific and is really only applicable when the prosecutor’s case is based heavily on the results of the chemical test. If the prosecutor has plenty of other evidence of impairment or intoxication collected at the roadside, for example where the field sobriety tests look bad, then establishing a time connection between the driving and the test result, is far less important.

On the other hand, if you looked good at the roadside, or where there are other factors that might have impacted your appearance at the roadside, such as where an accident occurs, the time connection is far more important.

Also, it is possible for the prosecutor to utilize expert testimony to try to show, through a process called retrograde extrapolation, that your drug or alcohol level was actually higher at the time of the driving.

Contacting a DUI Lawyer

If you have been arrested for drunk driving in Michigan and think you may have a rising blood alcohol defense, then call the Barone Defense Firm for a free case evaluation. We will review your facts and let you know if we think we can raise this defense successfully on your behalf.

For more information on this defense, please refer to Defending Drinking Drivers, a James Publishing publication.

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.