Why Fight Under 21 Alcohol Arrest?: Most under age 21 alcohol arrests are for .01 blood alcohol concentration or greater. In most of these arrests, the officer relies on an antiquated breath machine that uses fuel cell technology. There are many factors that can affect the accuracy of the result from a fuel cell device. It is essential that you have an expert DUI defense lawyer who has expertise with these breath machines defend you.
Myth #1: It is illegal to drink and drive.:The Truth: It is NOT illegal to drink and then drive in California. It IS illegal to drive a vehicle while “under the influence” of alcohol and/or drugs (Vehicle Code 23152(a)). It is also illegal to drive a vehicle while having a blood alcohol concentration of .08 percent or more. (Vehicle Code 23152(b)).
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. Continue reading “The Anatomy of a DUI – Why Symptoms of Impairment are Important”
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. Continue reading “The Anatomy of a DUI – Effects of Alcohol”
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. Continue reading “The Anatomy of a DUI – Alcohol and the Dose Response Relationship”