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How to Argue a Rising Blood Alcohol Content (BAC) Defense in a DUI Trial
A rising BAC defense explains that your blood alcohol level went up after you stopped driving, not while you were behind the wheel. This helps show you were not legally impaired during the drive.
By understanding alcohol absorption and testing delays, you can clearly show why your BAC looked higher later.
Understanding Rising BAC in DUI Cases

When discussing a rising BAC in DUI cases, it means your blood alcohol content may keep increasing even after you’ve stopped drinking and after you’ve finished driving. This can be a crucial defense, showing you weren’t legally impaired on the road. Understanding this concept—and consulting a dui lawyer near me—can make a meaningful difference in a DUI trial.
What Rising BAC Really Means
Rising BAC happens because alcohol doesn’t instantly enter your bloodstream. When you drink, your body needs time to absorb the alcohol from your stomach and intestines. That’s why someone might feel okay while driving but still show a higher BAC when tested later at the police station. Essentially, your blood alcohol level is still “catching up” to what you consumed.
Why It Matters in Court
In a DUI case, the exact BAC number is crucial. Police usually measure BAC using a breathalyzer or blood test. If your BAC was rising, the number the officer recorded might not reflect how impaired you were while driving. This gives your attorney a chance to argue that your driving occurred before your alcohol level reached the legal limit.
Common Factors That Affect Rising BAC
Several things can influence how fast alcohol enters your bloodstream. Drinking on an empty stomach, the type of alcohol, and even how quickly you drank can make a difference. Slower absorption might mean your BAC keeps climbing for an hour or more after your last drink. Timing is everything, and proving the delay can strengthen a rising BAC defense.
Key Evidence Needed for a Strong Rising BAC Defense
Building a strong rising BAC defense means showing clear evidence that your blood alcohol content was still increasing after you stopped driving. The right proof can help the jury understand why your BAC test doesn’t reflect how you were behind the wheel—something an experienced impaired driving lawyer Ottawa can effectively explain.
Timeline of Drinking, Driving, and Testing
The most important piece of evidence is a clear timeline. You need to show exactly when you drank, when you got in your car, and when police tested your BAC. A detailed timeline helps your lawyer explain that your alcohol level was still rising and that you weren’t over the legal limit while driving.
Witness Statements
Witnesses who saw you drinking or eating before driving can support your defense. They can confirm how much alcohol you had and how long it had to absorb into your system. This helps prove that your BAC at the time of driving was lower than the recorded test.
Medical or Food-Related Factors
Your body’s absorption of alcohol can be affected by food, medications, or health conditions. Eating a full meal, taking certain prescriptions, or having a slower metabolism can delay alcohol entering your bloodstream. Including this evidence can explain why your BAC increased after driving.
Test Records and Expert Testimony
Police test records are vital. Any delays, errors, or inconsistencies can strengthen your argument. Experts in toxicology or pharmacology can also explain rising BAC in simple terms for the jury, showing that the test result doesn’t always reflect your driving condition.
How to Present the Rising BAC Argument in Court

Presenting a rising BAC defense in court means showing clearly that your blood alcohol level increased after you stopped driving. It’s not just about science—it’s about telling a story the jury can easily follow.
Use a Clear Timeline
Start by laying out the timeline of drinking, driving, and testing. Show exactly when you had your last drink, when you were driving, and when the police measured your BAC. A clear, easy-to-follow timeline helps the jury see that your alcohol level was still rising after you stopped driving.
Explain the Science Simply
You don’t need to confuse the jury with complex science. Explain alcohol absorption in plain language: it takes time for alcohol to enter your bloodstream, so your BAC can be higher later than it was on the road. Using everyday examples makes it relatable and easy to understand.
Challenge the Accuracy and Timing of Tests
Point out any delays or mistakes in how the BAC test was administered. Breathalyzers, blood tests, and field sobriety procedures are not always perfect. Highlighting errors or gaps in testing can show that the recorded BAC may not reflect your level while driving.
Connect Testing Delays to Higher BAC
If the police waited too long to test you, your BAC could have naturally risen in that time. Show how these delays affected the result, and make it clear that this is why the test doesn’t represent your driving condition.
Mistakes to Avoid When Arguing the Defense
Even with a strong rising BAC defense, certain mistakes can weaken your case. Knowing what to avoid helps your lawyer make a clearer, more convincing argument that your blood alcohol level rose after you stopped driving.
Not Explaining the Timeline Clearly
A confusing timeline can hurt your defense. Always show exactly when you drank, drove, and were tested. If the jury can’t follow the timeline, they may assume your BAC reflects your driving, even if it was still rising.
Overusing Scientific Terms
Using too much medical or chemical jargon can confuse the jury. Keep it simple. Explain alcohol absorption in everyday language so everyone understands that your BAC increased after you were off the road.
Ignoring Evidence That Could Hurt Credibility
If there are gaps in your story or missing records, address them honestly. Trying to hide details can make your defense seem weak. Transparency builds trust with the jury.
Failing to Highlight Testing Delays
Police delays or mistakes in administering BAC tests are critical. Forgetting to emphasize these delays can make your rising BAC argument less convincing. Every minute counts when showing your BAC increased later, not while driving.
Not Preparing the Jury
The jury may not understand how alcohol works in the body. Your lawyer needs to explain rising BAC clearly and visually if possible. Failing to educate the jury can make your evidence less persuasive.
Key Takeaway
Avoiding these common mistakes helps your rising BAC defense stay strong. Clear timelines, simple explanations, honest evidence, and highlighting test delays make it easier for the jury to see that your BAC was lower while driving.
Conclusion
A rising BAC defense works when you show simple facts: when you drank, when you drove, and when you were tested. Clear timelines and easy-to-follow science help the jury see the truth. With the right evidence and explanation, you can challenge the charges and protect your rights.
Features
Digital entertainment options continue expanding for the local community
For decades, the rhythm of life in Winnipeg has been dictated by the seasons. When the deep freeze sets in and the sidewalks become treacherous with ice, the natural tendency for many residents—especially the older generation—has been to retreat indoors. In the past, this seasonal hibernation often came at the cost of social connection, limiting interactions to telephone calls or the occasional brave venture out for essential errands.
However, the landscape of leisure and community engagement has undergone a radical transformation in recent years, driven by the rapid adoption of digital tools.
Virtual gatherings replace traditional community center meetups
The transition from physical meeting spaces to digital platforms has been one of the most significant changes in local community life. Where weekly schedules once revolved around driving to a community center for coffee and conversation, many seniors now log in from the comfort of their favorite armchairs.
This shift has democratized access to socialization, particularly for those with mobility issues or those who no longer drive. Programs that were once limited by the physical capacity of a room or the ability of attendees to travel are now accessible to anyone with an internet connection.
Established organizations have pivoted to meet this digital demand with impressive results. The Jewish Federation’s digital outreach has seen substantial engagement, with their “Federation Flash” e-publications exceeding industry standards for open rates. This indicates a community that is hungry for information and connection, regardless of the medium.
Online gaming provides accessible leisure for homebound adults
While communication and culture are vital, the need for pure recreation and mental stimulation cannot be overlooked. Long winter evenings require accessible forms of entertainment that keep the mind active and engaged.
For many older adults, the digital realm has replaced the physical card table or the printed crossword puzzle. Tablets and computers now host a vast array of brain-training apps, digital jigsaw puzzles, and strategy games that offer both solitary and social play options.
The variety of available digital diversions is vast, catering to every level of technical proficiency and interest. Some residents prefer the quiet concentration of Sudoku apps or word searches that help maintain cognitive sharpness. Others gravitate towards more dynamic experiences. For those seeking a bit of thrill from the comfort of home, exploring regulated entertainment options like Canadian real money slots has become another facet of the digital leisure mix. These platforms offer a modern twist on traditional pastimes, accessible without the need to travel to a physical venue.
However, the primary driver for most digital gaming adoption remains cognitive health and stress relief. Strategy games that require planning and memory are particularly popular, often recommended as a way to keep neural pathways active.
Streaming services bring Israeli culture to Winnipeg living rooms
Beyond simple socialization and entertainment, technology has opened new avenues for cultural enrichment and education. For many in the community, staying connected to Jewish heritage and Israeli culture is a priority, yet travel is not always feasible.
Streaming technology has bridged this gap, bringing the sights and sounds of Israel directly into Winnipeg homes. Through virtual tours, livestreamed lectures, and interactive cultural programs, residents can experience a sense of global connection that was previously difficult to maintain without hopping on a plane.
Local programming has adapted to facilitate this cultural exchange. Events that might have previously been attended by a handful of people in a lecture hall are now broadcast to hundreds. For instance, the community has seen successful implementation of educational sessions like the “Lunch and Learn” programs, which cover vital topics such as accessibility standards for Jewish organizations.
By leveraging video conferencing, organizers can bring in expert speakers from around the world—including Israeli emissaries—to engage with local seniors at centers like Gwen Secter, creating a rich tapestry of global dialogue.
Balancing digital engagement with face-to-face connection
As the community embraces these digital tools, the conversation is shifting toward finding the right balance between screen time and face time. The demographics of the community make this balance critical. Recent data highlights that 23.6% of Jewish Winnipeggers are over the age of 65, a statistic that underscores the importance of accessible technology. For this significant portion of the population, digital tools are not just toys but essential lifelines that mitigate the risks of loneliness associated with aging in place.
Looking ahead, the goal for local organizations is to integrate these digital successes into a cohesive strategy. The ideal scenario involves using technology to facilitate eventual in-person connections—using an app to organize a meetup, or a Zoom call to plan a community dinner.
As Winnipeg moves forward, the lessons learned during the winters of isolation will likely result in a more inclusive, connected, and technologically savvy community that values every interaction, whether it happens across a table or across a screen.
Features
Susan Silverman: diversification personified
By GERRY POSNER I recently had the good fortune to meet, by accident, a woman I knew from my past, that is my ancient past. Her name is Susan Silverman. Reconnecting with her was a real treat. The treat became even better when I was able to learn about her life story.
From the south end of Winnipeg beginning on Ash Street and later to 616 Waverley Street – I can still picture the house in my mind – and then onward and upwards, Susan has had quite a life. The middle daughter (sisters Adrienne and Jo-Anne) of Bernie Silverman and Celia (Goldstein), Susan was a student at River Heights, Montrose and then Kelvin High School. She had the good fortune to be exposed to music early in her life as her father was (aside from being a well known businessman) – an accomplished jazz pianist. He often hosted jam sessions with talented Black musicians. As well, Susan could relate to the visual arts as her mother became a sculptor and later, a painter.
When Susan was seven, she (and a class of 20 others), did three grades in two years. The result was that that she entered the University of Manitoba at the tender age of 16 – something that could not happen today. What she gained the most, as she looks back on those years, were the connections she made and friendships formed, many of which survive and thrive to this day. She was a part of the era of fraternity formals, guys in tuxedos and gals in fancy “ cocktail dresses,” adorned with bouffant hair-dos and wrist corsages.
Upon graduation, Susan’s wanderlust took her to London, England. That move ignited in her a love of travel – which remains to this day. But that first foray into international travel lasted a short time and soon she was back in Winnipeg working for the Children’s Aid Society. That job allowed her to save some money and soon she was off to Montreal. It was there, along with her roommate, the former Diane Unrode, that she enjoyed a busy social life and a place for her to take up skiing. She had the good fortune of landing a significant job as an executive with an international chemical company that allowed her to travel the world as in Japan, Hong Kong, New Zealand, Australia, Mexico, the Netherlands and even the USA. Not a bad gig.
In 1983, her company relocated to Toronto. She ended up working for companies in the forest products industry as well the construction technology industry. After a long stint in the corporate world, Susan began her own company called “The Resourceful Group,” providing human resource and management consulting services to smaller enterprises. Along the way, she served on a variety of boards of directors for both profit and non-profit sectors.
Even with all that, Susan was really just beginning. Upon her retirement in 2006, she began a life of volunteering. That role included many areas, from mentoring new Canadians in English conversation through JIAS (Jewish Immigrant Aid Services) to visiting patients at a Toronto rehabilitation hospital, to conducting minyan and shiva services. Few people volunteer in such diverse ways. She is even a frequent contributor to the National Post Letters section, usually with respect to the defence of Israel
and Jewish causes.
The stars aligned on New Year’s Eve, 1986, when she met her soon to be husband, Murray Leiter, an ex- Montrealer. Now married for 36 plus years, they have been blessed with a love of travel and adventure. In the early 1990s they moved to Oakville and joined the Temple Shaarei Beth -El Congregation. They soon were involved in synagogue life, making life long friends there. Susan and Murray joined the choir, then Susan took the next step and became a Bat Mitzvah. Too bad there is no recording of that moment. Later, when they returned to Toronto, they joined Temple Emanu-el and soon sang in that choir as well.
What has inspired both Susan and Murray to this day is the concept of Tikkun Olam. Serving as faith visitors at North York General Hospital and St. John’s Rehab respectively is just one of the many volunteer activities that has enriched both of their lives and indeed the lives of the people they have assisted and continue to assist.
Another integral aspect of Susan’s life has been her annual returns to Winnipeg. She makes certain to visit her parents, grandparents, and other family members at the Shaarey Zedek Cemetery. She also gets to spend time with her cousins, Hilllaine and Richard Kroft and friends, Michie end Billy Silverberg, Roz and Mickey Rosenberg, as well as her former brother-in-law Hy Dashevsky and his wife Esther. She says about her time with her friends: “how lucky we are to experience the extraordinary Winnipeg hospitality.”
Her Winnipeg time always includes requisite stops at the Pancake House, Tre Visi Cafe and Assiniboine Park. Even 60 plus years away from the “‘peg,” Susan feels privileged to have grown up in such a vibrant Jewish community. The city will always have a special place in her heart. Moreover, she seems to have made a Winnipegger out of her husband. That would be a new definition of Grow Winnipeg.
Features
Beneath the Prairie Calm: Manitoba’s Growing Vulnerability to Influence Networks
By MARTIN ZEILIG After reading Who’s Behind the Hard Right in Canada? A Reference Guide to Canada’s Disinformation Network — a report published by the Canadian AntiHate Network that maps the organizations, influencers, and funding pipelines driving coordinated right wing disinformation across the country — I’m left with a blunt conclusion: Canada is losing control of its political story, and Manitoba is far more exposed than we like to admit.
We often imagine ourselves as observers of political upheaval elsewhere — the U.S., Europe, even Alberta.
But the document lays out a sprawling, coordinated ecosystem of think tanks, influencers, strategists, and international organizations that is already shaping political attitudes across the Prairies. Manitoba is not an exception. In many ways, we’re a prime target.
The report describes a pipeline of influence that begins with global organizations like the International Democracy Union and the Atlas Network. These groups are not fringe. They are well funded, deeply connected, and explicitly designed to shape political outcomes across borders. Their Canadian partners translate global ideological projects into local messaging, policy proposals, and campaign strategies.
But the most concerning part isn’t the international influence — it’s the domestic machinery built to amplify it.
The Canada Strong and Free Network acts as a central hub linking donors, strategists, and political operatives. Around it sits a constellation of digital media outlets and influencer accounts that specialize in outrage driven content. They take think tank talking points, strip out nuance, and convert them into viral narratives designed to provoke anger rather than understanding.
CAHN’s analysis reinforces this point. The report describes Canada’s far right ecosystem as “coordinated and emboldened,” with actors who deliberately craft emotionally charged narratives meant to overwhelm rather than inform. They operate what the report characterizes as an “outrage feedback loop,” where sensational claims spread faster than journalists or researchers can contextualize them. The goal is not persuasion through evidence, but domination through repetition.
This is not healthy democratic debate.
It is a parallel information system engineered to overwhelm journalism, distort public perception, and create the illusion of widespread grassroots demand. And because these groups operate outside formal political structures, they face far fewer transparency requirements. Manitobans have no clear way of knowing who funds them, who directs them, or what their longterm objectives are.
If this feels abstract, look closer to home.
Manitoba has become fertile ground for these networks. Our province has a long history of political moderation, but also deep economic anxieties — especially in rural communities, resource dependent regions, and areas hit hard by demographic change. These are precisely the conditions that make disinformation ecosystems effective.
When people feel unheard, the loudest voices win.
We saw hints of this during the pandemic, when convoy aligned groups found strong support in parts of Manitoba. We see it now in the rise of local influencers who echo national talking points almost in real time. And we see it in the growing hostility toward institutions — from public health to the CBC — that once formed the backbone of civic trust in this province.
CAHN’s research also shows how quickly these networks can grow. Some nationalist groups have seen membership spikes of more than 60 percent in short periods, driven by targeted digital campaigns that exploit economic uncertainty and cultural anxiety. These surges are not organic. They are engineered.
The document also highlights the rise of explicitly exclusionary nationalist groups promoting ideas like “remigration,” a euphemism for mass deportation of nonEuropean immigrants. These groups remain small, but Manitoba’s demographic reality — a province where immigration is essential to economic survival — makes their presence especially dangerous. When extremist ideas begin to circulate within mainstream political networks, they gain a legitimacy they have not earned.
Even more troubling is how these ideas migrate.
CAHN warns that concepts once confined to fringe spaces are now being repackaged in sanitized language and pushed through influencers, think tanks, and political operatives seeking legitimacy. When these narratives appear alongside conventional policy debates, they gain a veneer of normalcy that obscures their origins.
None of this means Manitoba is on the brink of political collapse.
Our institutions remain resilient, and our political culture is still fundamentally moderate. But sovereignty is not just about borders or military power. It is also about information — who controls it, who manipulates it, and who benefits from its distortion. When opaque networks shape public opinion through coordinated disinformation, that sovereignty erodes.
CAHN’s broader warning is that trust itself is under attack. Farright networks intentionally target public institutions — media, universities, public health agencies, cultural organizations — because weakening trust creates a vacuum they can fill with their own narratives. A democracy becomes vulnerable when people no longer share a common set of facts.
The danger is not that Manitoba will suddenly adopt the politics of another country. The danger is that we will drift into a political environment shaped by forces we don’t see, don’t understand, and cannot hold accountable. A democracy cannot function if its information ecosystem is captured by actors who thrive on outrage, opacity, and division.
The solution is not censorship. It is transparency. It is rebuilding trust in journalism. It is demanding higher standards from the organizations that shape our political discourse. Manitobans deserve to know who is influencing their democracy and why.
We are not immune.
And believing we are immune is the most dangerous illusion of all.
