Features
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
Will the Iranian Regime Collapse?
By HENRY SREBRNIK When U. S. President Donald Trump restored “maximum sanctions” pressure against Iran a year ago, he was clear about its goals: Deny Iran a nuclear weapon, dismantle its terror proxy network and stop its ballistic missile program.
The government in Tehran has fended off through violence and repression previous large-scale protests but now may limit or hold its fire. After all, Trump has been willing to go where no U.S. president has, including the authorization of a strike to destroy Iran’s nuclear enrichment capacity last year and the recent capture of Nicolas Maduro in Venezuela.
Trump has demonstrated that his government is willing to use military measures to overthrow an enemy regime, and Tehran was, perhaps surprisingly, one of the closest allies of Maduro. The two countries were united by their approach to international sanctions and their ability to survive in American enmity.
Over the past three decades, this combination of political sympathy and anti-American rhetoric developed into a complex web of cooperation involving oil, finance, industry and security.
Since Maduro’s predecessor, Hugo Chavez, came to power in 1999, relations between Tehran and Caracas tightened significantly. During his first visit to Iran in 2001, Chavez declared that he had arrived “to help pave the way for peace, justice, stability, and progress in the 21st century.”
Nearly 300 economic, infrastructure, gas, and oil agreements were signed, worth billions of dollars. At one point, Venezuela even considered selling F-16 fighter jets to Tehran, while Iran supplied Venezuela with advanced Mohajer-6 drones. All this now comes to an end.
Maduro’s removal constitutes a severe blow to the operational base of Tehran in South America. With Maduro gone, “Iran is now in the eye of the storm,” observed Fawaz Gerges, Middle East analyst and professor of international relations at London’s School of Economics and Political Science.
“The big lesson out of the fall of the Venezuelan regime is not Colombia, not Greenland,” he said. “The Iranians know that Iran is the next target. Not only of the Trump administration, but also of the Benjamin Netanyahu government” in Israel.
Israel, which has long perceived Iran as an existential threat, launched 12 days of what it described as pre-emptive strikes on military and nuclear sites in Iran last June, with U.S. war planes attacking three major nuclear facilities.
They now see Iran as being cornered, extremely vulnerable and weak at this moment. “I think they’re piling on the pressure. They’re hoping that they could really, basically bring about regime change in Iran,” Gerges added.
On Jan. 12, Iran’s President Masoud Pezeshkian shifted focus away from Iran’s stuttering economy and suppression of dissent and towards his country’s longstanding geopolitical adversaries, Israel and the United States. Speaking on state broadcaster IRIB, Pezeshkian claimed that “the same people that struck this country” during Israel’s 12-day war last June were now “trying to escalate these unrests with regard to the economic discussion.
“They have trained some people inside and outside the country; they have brought in some terrorists from outside,” he charged, alleging that those responsible had attacked a bazaar in the northern city of Rasht and set mosques on fire.
“My assumption is that the Mossad is active in Tehran behind the scenes,” contended Ahron Bregman, who teaches at King’s College London and has written extensively on Israeli intelligence operations. “Israeli officials are unusually quiet.” There are clear instructions not to talk and “not to be seen to be involved in any way.”
“I’d be very surprised if Israeli agents were not active within Iran right now,” defence analyst Hamze Attar maintained. “They’re going to be doing everything they can to make sure these protests continue and escalate.”
But anything that Israel is up to will of course be covert. This restraint is a calculated approach taken to avoid disrupting a process of regime change that may be driven internally. Intervening would only confirm the regime’s claims that the protesters are “Zionist agents,” a charge that could shift popular anger onto the demonstrators and douse the movement.
“Any visible involvement would give the Iranians an excuse to intensify repression,” explained Danny Citrinowicz, a senior researcher at the Institute for National Security Studies and former head of Iran research in an Israeli military intelligence branch
Reza Pahlavi, the eldest son of Mohammad Reza Pahlavi, the last Shah of Iran, who maintains he wants peace with Israel and the United States, suggests Iran faces a historic moment. “In all these years, I’ve never seen an opportunity as we see today in Iran. Iranian people are more than ever committed to bringing an end to this regime,” he stated. “By God, it is about time that Iran gets its opportunity to free itself from a tyrannical regime.”
Iranians have seen the regime and its backers exposed and humiliated by an American administration and Israel, and they are taking advantage of it. But it won’t be easy. This is a religious nomenklatura that will use all means at its disposal to hold on to power. Never underestimate their cruelty and resolve
Henry Srebrnik is a professor of political science at the University of Prince Edward Island.
Features
New autobiography by Holocaust survivor Hedy Bohm – who went on to testify in trials of two Nazi war criminals
Book Review by Julie Kirsh, Former Sun Media News Research Director
My parents were Hungarian Jewish Holocaust survivors who arrived in Toronto in 1951 without family or friends. In the late 50s my mother met Hedy Bohm outside of our downtown apartment and quickly connected with her. Both women had suffered the loss of all family in the Shoah. Over the years our families’ custom became sharing our dining table with the Bohm family for the Jewish high holidays. The tradition continues today with the second generation.
Hedy was born in 1928 in the city of Oradea in Romania. She was a pampered only child, adored by her father and very much attached to her mother. Although Hedy was an adolescent, she was kept from hearing about the rising anti-semitism around her in her hometown. She was protected and sheltered like any child. Memoirs from other adolescents like Elie Wiesel, aged 15 in Auschwitz, Samuel Pisar, liberated at 16, and Rabbi Israel Meir Lau, who was found in Buchenwald by American soldiers at age 8, made me wonder about the resilience and strength of children who survived like Hedy.
Hedy was only 16 years old when she walked through the gates of hell, Auschwitz-Birkenau. Hedy’s poignant retelling of this pivotal moment in her young life was the sudden separation from her father and moments later from her mother. Somehow Hedy’s mother got ahead of her upon their arrival at Auschwitz. Hedy called out to her. Her mother turned and they looked at each other. A Nazi guard prevented Hedy from joining her mother. Hedy has always been tormented by this moment of separation. Did her mother know that she was walking to her death?
Hedy writes that she was focused on survival in the camps. She concentrated on eating whatever food was given and keeping clean by washing daily in icy, cold water before the roll call. When she contracted diarrhea, she remembered her mother’s homemade remedy of gnawing on charred wood. Her naivete and innocence were overcome with a strong inner determination to stay alive so that she could see her mother again.
Hedy recounts the terrible hunger that everyone endured. One day, spotting some carrots in a warehouse, Hedy was appointed by her aunt to run and grab what she could. Luckily she evaded the armed guard who would have shot her on the spot.
On April 14, 1945, Hedy’s day of liberation, she learned the terrible fate of her mother. The return home for the survivors was a further tragedy when they realized the loss of family and community.
In her memoir, Hedy describes meeting Imre, an older boy from her town whom she eventually married. Their flight from Romania to Budapest to Pier 21 in Halifax to Toronto is documented in harrowing detail.
Hedy recounts how in Toronto no one wanted to know the stories of the survivors. This was a world before Eichmann’s trial in Israel in 1961 and the TV series, The Holocaust, in 1978. The floodgates for information from the survivors opened late in their lives.
In Toronto, after many failed enterprises, Imre and Hedy stumbled onto the shoe selling business. In 1959, they leased a small shoe store close to Honest Ed’s in downtown Toronto. Surprisingly, the business according to Hedy, became very profitable. Many years later, after Imre’s sudden death due to a heart attack, Hedy continued to manage their shoe business while taking care of her daughter, Vicky and son, Ronnie.
In 1996, Hedy was introduced to Rabbi Jordan Pearlson. Their love match made Hedy feel that she had been given a wonderful gift, late in life, which she welcomed.
Jordan died in 2008. Hedy endured and carried on with yoga and tai chi both as a teacher and devoted practitioner.
A new purpose in life opened up for Hedy when she was invited to be a speaker for the Holocaust Education Centre (now the Toronto Holocaust Museum). She spoke to mostly non-Jewish students whom she visited at their schools outside of Toronto.
Visiting Auschwitz with the March of the Living for the first time in 2010, Hedy faced her fears about returning to the place that held the horrors. She was fortunate to meet Jordana Lebowitz, a student from Toronto who developed a multimedia presentation called ShadowLight. Hedy’s contribution to teaching others about the Holocaust by sharing her experience, is immeasurable.
In 2014, Hedy was asked to be a witness at the trial of Oskar Groning , “the accountant of Auschwitz”, in Germany. In 2016, she appeared as a witness for the trial of the Nazi guard, Reinhold Hanning. He was sentenced to a mere five years in prison and Groning died before he could start his jail sentence. In having the courage to participate in these war criminal trials, Hedy spoke for her parents and all the innocents who could not speak for themselves.
Hedy’s talks to students always include an admonishment to be kind, to trust in themselves and work for the greater good. She rose above her own fears of sharing her story by speaking publicly.
Hedy’s story of survival and perseverance will remain a beacon to future generations, ensuring that hope and good will endure even in the worst of times.
Reflection
by Hedy Bohm
Published in 2026 by The Azrieli Foundation
To order a copy of the book go to https://memoirs.azrielifoundation.org/titles/reflection/
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Optimizing mobile wagering convenience with bassbet casino
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