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BAC defense
What is a "rising BAC defense"?
It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING — not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, and an individual's BAC may continue to rise for some time after he is stopped and arrested.
Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%.
Dui lawyers Colorado
Driving While Intoxicated. It is just a different way of stating DUI. If you are convicted of a DUI in Colorado, more often than not, your insurance company and Dui lawyers Colorado will find out about the DUI and will deal with you in one of two ways. Typically, your rates will go up, sometimes substantially, or, the company will simply cancel your policy. Another less-likely scenario is that your insurance company doesn’t find out about your DUI because, for whatever reason, it slips through the cracks of red tape.
Chemical test refusal
Should I agree to take a chemical test? What happens if I don't?
Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing.
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The consequences of refusing to submit to a blood, breath or urine test varies according to the state. Generally, there are three adverse results:
Your driver's license will be suspended for a period of time, commonly three, six or twelve months. This may be true even if you are found not guilty of the DUI charge; in California, the suspension for a refusal on a first offense is one year.
In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense.
The fact of refusal may be introduced into evidence as "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal.
Dui lawyer Virginia
There is a criminal law firm, is recognized throughout Virginia for its experienced and aggressive criminal defense attorneys. Their lawyers have been helping people with criminal charges for over 50 years. They have extensive experience handling felony, misdemeanor, drunk driving (DUI / DWI), and DMV matters. It helps people who find themselves accused of a Felony, Misdemeanor, Drunk Driving (DUI / DWI), or DMV matter in Virginia.
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