Facing a DUI charge can feel overwhelming, especially when your future ability to drive, maintain employment, or safeguard your professional license is at stake. One defense that may apply to your case is known as the “rising BAC” defense. This strategy addresses a critical question: were you truly above the legal alcohol limit while driving, or did your blood alcohol concentration (BAC) rise afterward during testing?
If you are worried about your license after a DUI arrest, reach out today through our online contact form or call (920) 294-1414 for immediate help.
What Is the Rising BAC Defense?
When someone consumes alcohol, the body takes time to absorb it into the bloodstream. This means that a person’s BAC is not immediately at its peak after drinking—it continues to rise for a period of time. In some cases, a driver may have been below the legal limit while operating their vehicle but tested above the limit later, once absorption caught up.
This timing difference is where the rising BAC defense comes into play. It challenges whether the prosecution can prove, beyond a reasonable doubt, that the driver was over the legal limit while behind the wheel rather than at the time of testing.
Why Timing Matters in DUI Cases
In Wisconsin, the legal limit for most drivers is 0.08% BAC. However, BAC levels can increase significantly in the 30 to 60 minutes following alcohol consumption. If a driver is pulled over shortly after leaving a bar or restaurant, the BAC measured at the police station could be higher than it was while actually driving.
This distinction matters because:
- License suspensions may be based on BAC results.
- Ignition interlock device (IID) requirements can be triggered by a test result, even if the driver was not impaired while driving.
- Professional licenses can be at risk if the BAC reading is used against the driver without considering the timing of alcohol absorption.
How the Rising BAC Defense Protects Licenses
For many people, the most pressing concern after a DUI charge is protecting their ability to drive. Losing a license can affect everything from commuting to work and school to caring for family. A rising BAC defense may help protect your license in several ways:
- Challenging Evidence – If testing occurred long after the stop, your actual BAC while driving may have been legal.
- Reducing Consequences – A strong defense can influence whether license suspensions or ignition interlock device (IID) installation is required.
- Safeguarding Careers – For commercial drivers and professionals (such as nurses, doctors, or teachers), protecting a license is often about preserving employment and reputation.
By focusing on the science of alcohol absorption, this defense emphasizes the difference between BAC at the wheel and BAC at the station.
The Role of Ignition Interlock Devices (IIDs)
In Wisconsin, people convicted of DUI offenses with certain BAC levels are often required to install an ignition interlock device (IID) on their vehicle. These devices act as a breath test before starting the car.
If your rising BAC defense is successful, it could:
- Reduce or eliminate the need for an IID.
- Shorten the duration of IID installation.
- Prevent a mandatory IID order altogether.
Learn more about how IIDs affect DUI cases here: Ignition Interlock Device Requirements.
When a Rising BAC Defense May Apply
This defense is not available in every DUI case, but it may be relevant if:
- You were stopped shortly after leaving an establishment where you consumed alcohol.
- There was a delay between the stop and the chemical test.
- Witnesses or receipts show when your last drink occurred.
- Your BAC test results seem inconsistent with your observed behavior (such as passing sobriety tests).
In these situations, an experienced defense attorney may use toxicology experts and scientific evidence to demonstrate that your BAC was below the legal limit while driving.
Other Defenses That May Strengthen Your Case
A rising BAC defense is often most effective when combined with other challenges to the prosecution’s case. Common complementary defenses include:
- Questioning the accuracy of breathalyzers and chemical tests.
- Highlighting errors in how the stop or testing was conducted.
- Challenging field sobriety test procedures if they were performed incorrectly.
Together, these defenses can cast doubt on whether the state can prove its case beyond a reasonable doubt.
Protecting More Than Just Your License
It’s important to remember that a DUI conviction can impact more than just your ability to drive. It may affect:
- Professional licenses (medical, legal, teaching, and more).
- Commercial driver’s licenses (CDLs) needed for employment.
- Future job opportunities, since DUI convictions appear on background checks.
The rising BAC defense, if applicable, can help protect these crucial aspects of your future by questioning whether the evidence truly proves impairment while driving.
DUI Charges in Wisconsin Require Immediate Action
DUI cases move quickly in Wisconsin, particularly when license suspensions and ignition interlock device requirements are at stake. Acting promptly ensures your defense team has time to analyze test results, examine timelines, and build the strongest possible case.
Protect Your License with a Rising BAC Defense
If you are facing DUI charges in Wisconsin, your driving privileges, career, and reputation may be on the line. The rising BAC defense could play a critical role in protecting your license and challenging the evidence against you.
Contact Melowski & Singh, LLC today through our online contact form or call (920) 294-1414 to discuss your case and learn how we can defend your future.