Can You Be Charged with DUI in Bakersfield If Your BAC Was Rising?

Many people assume that a breath or blood test taken after a DUI arrest perfectly reflects what their blood alcohol concentration (BAC) was while they were actually driving.

That is not always true.

In some Bakersfield DUI cases, a person's BAC may have still been rising at the time of testing.

What is a “rising BAC”?

Alcohol takes time to absorb into the bloodstream.

This means:

• Your BAC may continue increasing after you stop drinking
• Your BAC at the time of testing may be higher than it was while driving

Depending on timing, this can become an important issue in a DUI case.

How this situation can happen

A rising BAC issue may arise when:

• Someone drinks shortly before driving
• A traffic stop occurs relatively soon afterward
• Chemical testing happens later at the station or medical facility

By the time testing occurs, BAC levels may have increased.

Why timing matters in DUI cases

In a DUI investigation, important timing issues may include:

• When alcohol was consumed
• When driving occurred
• When the stop happened
• When testing was administered

Small differences in timing can matter significantly.

Why these cases can be complicated

Rising BAC cases often involve questions about:

• Alcohol absorption rates
• Accuracy and timing of testing
• Assumptions made during the investigation

These issues can become highly technical.

What you should do now

If you are facing a DUI charge in Bakersfield and believe your BAC may have been rising:

1. Write down your timeline immediately
2. Document when and what you drank
3. Preserve receipts or witness information if available
4. Avoid discussing your case publicly
5. Speak with a DUI lawyer as soon as possible

Early review of the timeline can be important.

Speak with a Bakersfield DUI lawyer today

If you are facing DUI charges in Bakersfield involving possible rising BAC issues, Martens Law Firm can review your case and help you understand your options.

📞 Call (661) 336-9335 for a free consultation.

Written by Martens Law Firm