Attorney Kirk Tarman Explains Why Time Periods Are Important In A DUI Arrest And How It Affects You
Timing is central to a DUI defense, explains San Bernardino attorney Kirk Tarman, because blood-alcohol keeps climbing after you drink. A driver might be under 0.08 at the wheel but test at 0.13 forty-five minutes later. Without a roadside test at the time of driving, prosecutors can't prove you were over the limit then—the rising-BAC argument, often valid.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
Frequently Asked Questions
Why does timing matter in a DUI defense?
Because blood-alcohol keeps climbing after you drink—a driver might be under 0.08 at the wheel but test at 0.13 forty-five minutes later.
How does the rising curve help the defense?
Without a roadside test at the time of driving, prosecutors can't prove you were over the limit then—the rising-BAC argument, often a valid defense.
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