Rising BAC: The Science & How to Argue It - Jason Bassett

From Law Offices of Jason Bassett, P.C. - Rising BAC: The Science & How to Argue It explores how the blood alcohol concentration (BAC) continues to rise after you've stopped drinking and even after you've stopped driving, challenging conventional assumptions in New York DWI cases. Join us as we break down the three critical phases—absorption, peak, and elimination—that shape your BAC levels, and why timing is everything when challenging breath test results.

In this episode, Long Island DWI lawyer Jason Bassett, Esq., a former Assistant District Attorney with over 21 years of criminal law experience, shares his insights into how factors such as body weight, gender, muscle-to-fat ratio, and even medication significantly influence your BAC. Discover why traditional methods of estimating BAC, such as retrograde extrapolation, are often unreliable, and how understanding the science behind these variables can build a stronger defense against your DWI charges.

We’ll also delve into the nuances of New York's legal system, highlighting statutes such as the Two-Hour Rule under VTL § 1194(2)(a) and the important legal presumptions defined in VTL § 1195(2). Learn how even minor delays in chemical testing can open opportunities for your defense attorney to introduce reasonable doubt, potentially reducing charges from a criminal DWI to a less severe Driving While Ability Impaired (DWAI).

Finally, this podcast provides actionable advice on gathering concrete evidence—like timestamps from receipts, GPS data, witness statements, and expert forensic testimony—to transform your rising BAC defense from theory into a powerful courtroom argument. Empower yourself by understanding both the science and law with Jason Bassett’s strategic insights, ensuring your rights are protected every step of the way.

Law Offices of Jason Bassett, P.C.

320 Carleton Ave # 4200, Central Islip, NY 11722, United States

(631) 259-6060

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