Question: What is rising blood alcohol in Texas?
Answer: Rising blood alcohol, another way to look at is it’s called absorption. When a person starts drinking, their alcohol content starts going up; and the more they drink the more it goes up. And the question always is, when a person is arrested for DWI is: Where are they on the curve? Are they absorbing alcohol? Is their alcohol level coming up? Or is it coming down? If a person has a number of drinks quickly and then gets out on the road pretty quickly after that, then they’re going to be rising. So, if they’re stopped, they’re going to be at one level. If they’re tested, they’re going to be at a higher level. But that doesn’t mean that they were 0.08% at the time they were driving.