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Oklahoma DUI Rising Blood Alcohol

When you drink, alcohol does not enter your bloodstream all at once; it can take some time to work its way through your system. This means that your blood alcohol content (BAC) will continue to rise after you stop drinking. And if you are pulled over for DUI and made to wait before taking the breath test, your BAC could be much higher than it was when you were behind the wheel.

The Rising Blood Alcohol Defense

Oklahoma makes it a crime to drive with a BAC of 0.08% or higher. If you had a few drinks before operating a vehicle, there is a chance that your BAC was under the legal limit before you were pulled over. However, in the time it takes to perform the field sobriety tests and travel to the police station for the breath test, your blood alcohol can continue to rise.

A defense attorney who wants to use the rising blood alcohol test may call on witnesses who can testify on when you drank/what you had to drink, as well as establish the amount of time that passed between your traffic stop and administration of the breath test.

Challenging the BAC Test

Determining BAC is a complicated science, as there are a number of factors that can result in an inaccurate reading. At the Edge Law Firm, our legal team has undergone extensive training on the chemical tests used in DUI cases, allowing us to uncover potential problems with your testing.

Don't face a DUI on your own. Call (877) DUI-EDGE or (918) 582-6333 or complete our online form now to schedule a time for your free, no-obligation case analysis with the experienced team at the Edge Law Firm.

Oklahoma DUI Laws