mjbarba
3rd DUI – Attorney Barba Negotiates No Jail Time
Law Offices of Manuel J. Barba represented a male client who was involved in a traffic accident by side-swiping another car. At the scene, client blew into an Evidential Breath machine with results of .12%/.14% blood alcohol concentration. Because Client had two prior DUI convictions, the District Attorney charged client with a 3rd time DUI (VC23152(a) – Driving under the influence of alcohol and VC23152(b) - Driving with a blood alcohol concentration of .08% or more, plus a charge of VC20002 – Hit and Run, and a charge of VC14601.2 – knowingly driving on a suspended license. The case [...]
The Anatomy of a DUI – Why Symptoms of Impairment are Important
In my last article in the Anatomy of a DUI series, I discussed the effects of alcohol from a clinical perspective showing the various stages of intoxication at various Blood Alcohol Concentration (BAC) levels. Why is this important information to know? When a person is arrested for driving while under the influence of alcohol, the arresting officer will note the persons symptoms and behaviors in the arrest report, thus knowing what an arresting officer is looking for is important to possibly avoid a DUI arrest and conviction. For example, a person who has a BAC level of 0.09 to [...]
The Anatomy of a DUI – Effects of Alcohol
In my last article I discussed the dose-response relationship of alcohol. But before I move the discussion to the mechanics of an actual DUI arrest, I believe it is important to give readers an understanding of the effects of alcohol from a clinical perspective. As you’ll see, throughout the various stages of intoxication discussed below, overlap in the blood alcohol concentration (BAC) levels will occur because alcohol does not affect every person the same at any given point. The blood alcohol concentration (BAC) percentages shown below are based on grams of alcohol in every 100 milliliters of blood. BAC Levels/Effects [...]
The Anatomy of a DUI – Alcohol and the Dose Response Relationship
Dose-Response Relationships People often ask the questions, "how 'high' is 'drunk'?" What is the "legal limit" for "drunk driving"? How much can a person drink before becoming "impaired" or “under the influence”? There is no simple answer to these or similar questions, except to say that any amount of alcohol may affect a person's ability to drive to some degree. It is true that California has established a blood alcohol concentration (BAC) limit of 0.08% (grams of alcohol in every 100 milliliters of blood) which makes it explicitly unlawful to drive a vehicle at the .08% BAC level (Vehicle Code [...]
The Anatomy of a DUI – Alcohol in Men vs. Women
Alcohol in Men vs. Women As I discussed in a previous article, alcohol has an affinity for water. This means that alcohol is attracted to body tissues and organs that have a high water content. Once the alcohol moves from the stomach into the blood, it will be distributed throughout the various body tissues and organs by the blood in proportion to their water contents, and deposited in those tissues and organs by the blood. Brain tissue and muscle have a high water content, so the brain and muscle receive a substantial share of the distributed alcohol. On the [...]
Tips to Avoid a DUI
Tip #1. Don't drink and drive! : If you have been drinking, call a taxi or have a friend drive you home. Tip #2. If you do Drive, Don't park near the bar!: Police officers or their agents routinely drive through popular bar parking lots and note descriptions of cars in the parking lot and wait for the car to leave, then invent some reason to stop the car. Never park near the bar! Tip #3. Always drive safely. Most DUI stops are for traffic violations such as speeding, unsafe lane changes, not driving within the [...]
Top Four Reasons to NEVER, EVER Blow into an Alcohol Breath Testing Machine
Top Four Reasons to NEVER, EVER Blow into an Alcohol Breath Testing Machine - Instead, Always Request a Blood Test! : It has always been my opinion that you should NEVER, EVER blow into an alcohol breath testing machine if you are being investigated for DUI - Driving Under the Influence of alcohol by a police officer. Having said that, there are two exceptions: If you are under the age of 21, you must blow into a breath testing machine, because if you refuse you could lose your driving privilege for one year. The second exception is: if [...]
The Anatomy of a DUI – How the Body Eliminates Alcohol
In my last blog article (September 02, 2015) I provided a brief overview of how alcohol is distributed throughout the body. This article will focus on how the consumed alcohol is eliminated from the body. Elimination: As soon as the alcohol enters the blood stream, the body starts eliminating it by a process in the liver called enzymatic oxidation (metabolism). In this process, alcohol reacts with oxygen in the body and eventually changes into carbon dioxide and water, both of which are directly expelled from the body. An enzyme known as alcohol dehydrogenase acts to speed up the reaction [...]
The Anatomy of a DUI – How Alcohol Distributes Within the Body
In my last blog post regarding the Anatomy of a DUI (August 17, 2015) I provided a brief overview of how alcohol is absorbed into the body. This article will focus on how the consumed alcohol distributes throughout the body. Distribution: Once the alcohol moves from the stomach into the small intestine, it will absorb into the blood. Thereafter the alcohol is distributed throughout the body by the blood. Alcohol has an affinity for water. The blood will carry the alcohol to the various tissues and organs of the body, and will deposit the alcohol in them in proportion [...]
DUI Dismissed in Palm Springs – Indio Court
Law Offices of Manuel J. Barba represented a female client who was arrested for a DUI in Palm Springs and was charged with VC23125 (a) (b) -DUI and Driving with a blood alcohol concentration of .08% or more in Indio Court. Client’s blood test showed drugs and .07% alcohol concetration. Disposition: The DUI charges were dismissed (VC23125 (a) (b)); case was resolved for plea to reckless driving. Every case and its facts are different, and that the results in this case does not constitute or imply any kind of guarantee that a prospective client will have the same outcome [...]
