Results 1 to 6 of 6
  1. #1

    Default How Quickly Will Alcohol Be Absorbed Before the Police Administer a Breath Test

    My question involves criminal law for the state of: California

    Hello! I was recently at an event and had 5.5 12oz beers (5%) in 2hrs and 15 minutes. I was stopped by the police, refused a test, and didn't get my blood drawn until the total time after my first drink was 4hrs and 20min (meaning I had that long to 'sober' up).

    Since I won't have my blood results for a few weeks I don't know if I should get a lawyer. Assuming my body absorbs .02 for each beer, and assuming the body excretes alcohol at a rate of .015 per hour, mathematically I should be at around .06.

    Do you guys think that there is any chance I'll come back below a .08? Should I get a lawyer? I don't want to spend 4K on a lawyer if my test will eventually come back negative.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: Alcohol Absorption and Blood Testing

    You don't really need to spend any money on an attorney until you are charged. When you are charged you will know what charges you face. Keep in mind that you can be impaired at a BAC below .08 so if you were arrested based upon the officer's observations of your driving and actions, then you can still be charged with DUI regardless of your BAC. All a BAC of .08 does is make the case for impairment pretty much a "gimme" for the state as that is the per se level of impairment under the law (i.e. if you are .08 or higher then you are legally impaired).

    If the officer seized your driver's license and issued you a DS 367 (temporary license, aka an "admin per se" form) then you have 10 days to make an appointment with the DMV or your license WILL be suspended after 30 days. However, given that you REFUSED a mandatory chemical test, your license will almost certainly be suspended for a year even if you are not charged for a DUI at all.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Oct 2015
    Location
    California
    Posts
    169

    Default Re: Alcohol Absorption and Blood Testing

    Unless you failed a field sobriety test or exhibited some obvious sighs of severe intoxication, your chances of being convicted of DUI if your BAC was below .08 are negligible. Don't fret or hire a lawyer until the results are known and you are officially charged. As cdjawa said, though, there will likely be consequences from DMV to your refusing the breathalyzer.

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Alcohol Absorption and Blood Testing

    Quote Quoting thewiseone
    View Post
    Unless you failed a field sobriety test or exhibited some obvious sighs of severe intoxication, your chances of being convicted of DUI if your BAC was below .08 are negligible. Don't fret or hire a lawyer until the results are known and you are officially charged. As cdjawa said, though, there will likely be consequences from DMV to your refusing the breathalyzer.
    Tell that to my dumb friend who admitted to having ONE glass of wine. She was convicted at .02 and exhibited ZERO impairment, other than what the officer allegedly observed with her driving - supposedly clipping the edge of a painted double yellow on a left turn. Sorry, but to say the chances of conviction are "negligible" is off the mark here.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,331

    Default Re: Alcohol Absorption and Blood Testing

    We get convictions for DUI under .08 all the time ... keep in mind that a drug DUI without alcohol is ALWAYS one where the BAC is ZERO. It is a matter of what impairment the state can show.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Alcohol Absorption and Blood Testing

    Quote Quoting cdwjava
    View Post
    We get convictions for DUI under .08 all the time ... keep in mind that a drug DUI without alcohol is ALWAYS one where the BAC is ZERO. It is a matter of what impairment the state can show.
    I think that's what a lot of people miss. Numbers are one thing - but they're not the only consideration by any means.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

    1. Sponsored Links
       

Similar Threads

  1. Drunk and Impaired Driving: Do the Police Have to Give You a Breath Test Before a DUI Arrest
    By strupan in forum Drunk and Impaired Driving Charges
    Replies: 8
    Last Post: 03-10-2015, 07:20 AM
  2. Chemical Tests: Required to Take Blood Test After Two Negative Breath Tests for Alcohol
    By GerryMander in forum Drunk and Impaired Driving Charges
    Replies: 2
    Last Post: 02-04-2015, 03:23 PM
  3. Disabilities and Accommodation: False Positive Alcohol Breath Test
    By tliz in forum Employment and Labor
    Replies: 2
    Last Post: 03-26-2008, 09:44 AM
  4. Can Police Test Passengers for Alcohol Before the Driver
    By bluebird in forum Police Investigations
    Replies: 3
    Last Post: 10-24-2007, 04:04 PM
  5. Chemical Tests: Alcohol Breath Tests for DUI
    By bill2005 in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 05-26-2005, 08:23 AM
 
 
Sponsored Links

Legal Help, Information and Resources