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In recent legal discussions, the question has arisen: Can rising BAC be cited as a defense in DWI cases? While itβs a nuanced topic, some argue that if a driverβs blood alcohol concentration (BAC) was still on the rise at the time of the stop, it could create reasonable doubt about their impairment at that specific moment. This concept hinges on the understanding that alcohol absorption rates vary, complicating the determination of actual impairment. However, courts typically emphasize the measured BAC at the time of the arrest, making this defense challenging to prove. Engaging in a thorough examination of the circumstances and expert testimony may be crucial for such a defense to hold water in court. #DWIDefense #BAC #LegalInsights
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