DUI News & Articles
Defending a Palm Springs DUI
The Initial Observation and Contact: An arrest for DUI usually begins when a law enforcement officer comes in contact with a driver while the car is moving. Law enforcement will watch for certain behaviors before they stop a driver under suspicion of DUI. […]
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 was in Riverside County, Indio Court (Larson Justice Center) Disposition: Attorney Barba was able to negotiate a plea to just the VC23152(b) – Driving with a blood alcohol concentration of 0.08% or more, and all of the remaining charges were dismissed. Client received NO jail time.
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 0.25 would very likely appear to be intoxicated as they would likely exhibit symptoms of mental impairment - impaired perception, memory, comprehension, and physical impairment – impaired motor skills, coordination, and balance. When defending a person accused of driving while under the influence of alcohol, the symptoms of the affects of alcohol are very important. I have defended cases where the BAC result was, let’s say a 0.20% BAC, and yet the person did not appear to be intoxicated. The arresting officer’ arrest report did not note symptoms [...]
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 From 0.01% - 0.05%, a person is considered to be in the “subclinical” stage. In this stage a person’s behavior is nearly normal by ordinary observation; a drink or two for most people. From 0.03% - 0.12%, this stage is considered the “euphoric” stage, with a person’s symptoms being that of mild euphoria, increased sociability, talkativeness, increased self-confidence, and decreased inhibitions. Symptoms also include diminution of attention, judgment and control, which can affect safe driving. This stage is also the beginning of sensory-motor impairment and the loss of [...]
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 §23152(b)). But California also makes it unlawful to drive when "under the influence" of alcohol, (Vehicle Code §23152(a)), thus the law admits the possibility that a person may be under the influence at much lower BAC than 0.08%. How much alcohol does someone have to drink to reach these levels of blood alcohol concentrations? Obviously, it depends on how much time the person spends drinking, on whether the person is a man or a woman, on how large the person is, on whether the drinking takes place on [...]
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 other hand, fat tissue contains very little water so very little alcohol will be deposited in the drinker's body fat. The affinity of alcohol for water, and its lack of affinity for fat, helps explain an important difference in the way alcohol affects women and men. Pound for pound, the typical female's body contains less water than does the typical male's. This is because males generally have more muscle mass than do females. Also, females generally have more fatty tissue, designed in part to protect a child in [...]
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 lane, illegal turns, etc. Be focused and attentive while driving so that you don't give law enforcement a reason to pull you over! Drive at the speed limit, not too slow and not too fast. Be sure to turn on your headlights, fasten your seat belts, etc. Do not send text messages, do not use your cell phone, do not play with your car stereo, do not eat while driving, or do anything that will divert your attention from your driving. Tip #4. Do not drive though [...]
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 you are currently on probation for a prior DUI conviction, you must also blow into a breath testing machine. This is because one of the terms of probation is that you not drive with any measurable amount of alcohol in your blood. Again if you refuse to blow into the breath testing machine you could lose your driving privilege for one year, plus you may get additional punishment from the court for violating the terms of your probation. Unless one of the two exceptions above applies to you, here are [...]
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 of alcohol with oxygen. The speed of the reaction varies from person to person, and even from time to time for any given person. On the average, a person's Blood Alcohol Concentration (BAC) -- after reaching peak value -- will drop by about 0.015% per hour. For example, if the person reaches a maximum BAC of 0.15%, it will take about ten hours for the person to eliminate all of the alcohol from their body. For the average-sized male, a BAC of 0.015% is equivalent to about two-thirds [...]
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 to their water contents. Brain tissue has a fairly high water content, so the brain receives a substantial share of the distributed alcohol. Muscle tissue also has a reasonably high water content and thus also gets alcohol. Fat tissue however contains very little water; thus very little alcohol will be deposited in the drinker's body fat. This is one factor that differentiates alcohol from certain other drugs, notably PCP and THC, which are very soluble in fat. Alcohol's affinity for water, and its lack of affinity for fat, [...]
