I was recently in a car accident, I admitted at the scene that I had one drink and a shot the whole night, I had the shot right before I left the bar and was involved in the accident less than 15 mins later. my blood test was taken about an hour after the accident and was a .09 all research Ivedone states I would have had 5 drinks for my wieght, I had not eaten and I have the lapband. would I be able to use the rising bac defense?
Asked on 9/13/10, 4:19 pm
1 Answer from Attorneys
Jim Forslund
Law Office of James C. Forslund
The law states that your BAC can not be greater than .08 within two hours of driving for DUI, .05 for DWAI. The second sample should be tested.
Answered on 9/19/10, 9:26 am
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