Rising Curve Defense

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Definition of Rising Curve Defense

Rising curve defense is similar to rising alcohol defense. It can be used by the defense attorney to argue that the driver in a DUI arrest was not actually driving with a BAC of 0.08% or higher, even if their BAC (blood alcohol concentration) level was above the legal limit at the time of the DUI arrest. The argument for the rising curve defense is that driver's BAC limit rose after the time of the DUI arrest but was below the legal limit when the driver was operating their motor vehicle.

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