Category: Driving Under the Influence

California DUI | Los Angeles DUI Lawyer| California DUI Defense | No Cuffs

Alcohol and the Human Body 101

Any attorney who successfully fights California DUI / DWI charges is well-versed in how alcohol affects the human body. Although every individual metabolizes alcohol differently – the rate depends on factors that include weight, gender, metabolic rate, etc. – the basic process is the same for everyone. The skilled defense attorneys from The Kavinoky Law Firm have the knowledge needed to analyze the factors in a specific case to challenge chemical tests and craft a successful defense.

Many drivers are unaware that alcohol is a central nervous system depressant. How much the central nervous system function is impaired is directly proportionate to the concentration of alcohol in the blood.

There are three stages of alcohol metabolism: Absorption, distribution, and elimination.

Absorption is the phase when alcohol enters the body, and then the bloodstream, and is distributed throughout the body. Alcohol is not digested like other ingested substances – it is absorbed unchanged directly through the stomach lining. Because of its large surface area, the small intestine absorbs much more alcohol than the stomach, which has a far smaller surface area.

As the alcohol is absorbed, the individual’s blood alcohol content (BAC) rises until it reaches a peak concentration, then gradually tapers off. It generally takes 30 to 60 minutes to reach peak alcohol levels after an individual stops drinking.

Once the alcohol is absorbed by the gastrointestinal tract, it enters the bloodstream and is distributed through all of the body’s water-containing components. Because it is distributed so quickly and thoroughly, alcohol affects the central nervous system even in small concentrations.

Alcohol is distributed to bodily tissues by the bloodstream. Veins carry the blood to and through the lungs where the blood becomes oxygenated. Arteries then carry the oxygen-rich blood to the brain and the rest of the body. Alcohol is completely soluble in water, so BAC is directly proportional to total body water content. Water content varies from person to person.

Generally speaking, the less an individual weighs, the more he or she will be affected by alcohol. This is because smaller people have less water in their bodies than larger people. For people of the same weight, a well-muscled individual will be less affected than someone with a higher percentage of fat, since fatty tissue does not contain very much water and will not absorb very much alcohol.

In general, women are more affected by alcohol consumption than men, because women’s bodies typically have more fat and less water in their bodies. About 68 percent of a man’s body weight is water, while only about 55 percent of a woman’s body is water weight.

The body begins to eliminate alcohol through metabolism, excretion, and evaporation approximately 15 to 45 minutes after a person consumes his or her last drink. Metabolism, which occurs in the liver, accounts for approximately 95 percent of alcohol elimination. An individual generally metabolizes one average drink, or five ounces of alcohol, per hour.

In addition to gender, body weight, and other factors affecting metabolic rates, there are several additional issues that affect alcohol metabolism. Individuals who are in good health metabolize alcohol more efficiently than unhealthy people. Chronic alcoholics whose livers function properly metabolize alcohol more quickly than the average person. Younger people process alcohol more efficiently than older people.

Excretion and evaporation eliminate a small amount of alcohol from the body. Alcohol is excreted unchanged through urine, tears, sweat, semen, and saliva. Excretion is typically responsible for the smell of alcohol detectable on individuals who have been drinking. Alcohol evaporates from the blood into the lungs and is excreted in breath, allowing it to be measured in a breath sample.

Alcohol elimination rates are inversely proportional to alcohol concentration in the blood. This means that the higher the blood alcohol levels, the slower the rate of elimination.

Although alcohol is excreted in the breath, not all of the air that comes from the lungs is equal in alcohol concentration. The highest concentration comes at the end of a long exhalation of breath, where the air was in closest proximity to the blood. This is why police tell drivers to blow long and hard during breath testing, because the deep lung air will have the highest concentrations of alcohol, and result in the highest BAC.

Eating before drinking or consuming food and alcohol together also affects the amount of alcohol in the bloodstream. Food in the stomach affects the absorption of alcohol by the small intestine, so the more an individual has in his or her stomach while drinking, the lower the BAC. A valve at the bottom of the stomach closes when there is food in the stomach and prevents alcohol from reaching the small intestine. This causes the alcohol in the stomach to be absorbed at a slower rate, which affects the distribution into the bloodstream, and ultimately the rate of elimination.

Although many factors influence an individual’s alcohol metabolism, police and prosecutors don’t always take these issues into consideration when considering a drunk driving charge. An individual’s alcohol metabolism rate is of key importance in a drinking and driving case, because chemical tests typically take place an hour or more after police stop a driver, and the person’s BAC at the time of driving must be estimated.

A qualified California attorney with experience defending DUI / DWI cases can use these factors to a driver’s advantage, and successfully fight a drunk driving case.

Per Se Law as an Element of a California DUI / DWI

Per Se Law as an Element of a California DUI / DWI

The per se law operates in a way such that if it can be proven that a motorist’s blood alcohol content was .08 percent or greater at the time of driving then as a matter of law, it is illegal for that person to drive. The question of a person’s blood alcohol content level is not a question of whether a person was impaired. However, someone’s blood alcohol level can be used as circumstantial evidence that that person was too impaired to drive.

In defending a charge under the per se law, the focus will be on the accuracy of the blood alcohol test or the breath test. An experienced DUI / DWI attorney who has advanced knowledge and training in field sobriety testing will be able to present facts, theories, and technical reasons that can effectively cast doubt on the results of the sobriety tests and create a chance for their client to beat the charge.

Oftentimes, a prosecutor will try to argue that blood alcohol content levels that were measured in a test at the police station long after the motorist was driving is an indication that the motorist had that same blood alcohol content at the time he or she was driving. Well, science indicates that this is not certain to be the case.

Skilled DUI / DWI attorneys know that the absorbing and metabolizing of alcohol by the human body can vary and that oftentimes a person’s blood alcohol content can escalate long after that person has his or her last drink. That means that a person can have two shots of tequila and feel sober for some time afterwards until the alcohol can begin to take its impairing effects.

There are two tests that can be used by the authorities to determine the blood alcohol content of a motorist. These tests include a blood test and a breath test. The breath test is commonly given on the roadside and can be conducted at the police station too. Currently it isn’t practical to conduct blood tests on the side of the road, so the blood test is done exclusively at the police station or hospital.

Although all of these tests have great potential for error, the most fallible one of all is the roadside breath test (PAS test). These tests are typically given with handheld devices that are unable to distinguish between alcohol in the mouth and alcohol on the breath. This means that if you swished some brandy around your mouth and then spat it out, never swallowing any of it, the roadside breath test would indicate some blood alcohol content even though there really is none. This test is simply not accurate.

The breath testers at police stations also have their problems. One of the most common causes of error in the stations’ machines is that they are unable to adjust for the temperature of a person’s breath. A person’s mouth temperature can have the effect of greatly inflating a person’s blood alcohol content. Another problem is that the tester is calibrated for the ‘average’ person, but it is also widely known that people metabolize things at different speeds. There is no ‘average’ when it comes to processing alcohol. If you are not ‘average,’ whatever that may be, the test is inherently unfair to you. A skilled DUI / DWI attorney can make a solid case out of these problems.

Blood tests carry their own set of problems too. These problems range from contaminated equipment to lab mix ups. It is not too uncommon for labs to get different people’s blood samples confused. Also, oftentimes labs take time to get samples tested, which also increases the chances for errors.

While prosecutors might not want the public to know it, there are several effective ways to challenge evidence in a per se drunk driving case. The best way to fight a per se drunk driving case is to hire the best and most experienced lawyer skilled in DUI / DWI and drunk driving defense.

Ignition Interlock Devices

The ignition interlock device is a breathalyzer that is installed in a drunk driving offender’s car. This device is used to eliminate the problem of repeat offenders. A California DUI attorney will be able to provide more information on the viability of this device as an alternative sentence.

The device is linked to the car’s ignition. In order for a driver to start the vehicle, the driver must blow into the breathalyzer. If the breathalyzer registers acceptable blood alcohol content (BAC) levels, then the engine will start. If there are traces of alcohol, the car will not start. Once the car is running, “rolling re-tests” may be required every 15 minutes to one hour.

If the motorist fails to perform the test when prompted, or if the motorist’s BAC has risen to an unacceptable level, the car will stop. This rolling test is meant to ensure that a sober person does not do the initial test just to get the car started. In California it is crime to attempt to assist anyone in disabling an ignition interlock, or to blow into the device to start the vehicle for another driver.

California has been forging ahead in the use of the ignition interlock devices. Recent DUI legislation that became effective on September 20, 2005, makes it mandatory for a repeat offender to have the ignition interlock device installed in his or her car as part of the court’s sentence.

Judges have the discretion to order the installation of the ignition interlock device in the car of any DUI offender whether they are repeat offenders or first-time offenders. This means that any time a judge deems it appropriate, he or she may order the mandatory installation of the ignition interlock device in any vehicle the offender drives. A California criminal defense attorney will make sure that the interlock ignition device is used only when appropriate.

Most commonly, the ignition interlock device is used when a person has refused to submit to a post-arrest chemical test or when the results of a chemical test registered a BAC of .15 percent or greater. A person who is arrested for driving on a suspended license that was suspended as a result of a drunk driving conviction will be required to install the ignition interlock device.

Of primary importance to people arrested for driving under the influence of alcohol in California is that ignition interlock devices are a great bargaining chip for DUI lawyers. A qualified California DUI criminal defense lawyer will be able to use an ignition interlock device as a tool for negotiating a plea bargain with negotiated consequences when the facts allow for it.

The ignition interlock device can be helpful whenever safety and alcohol-free driving is important. For example, parents may use the device to ensure that their teenage children are not drinking and driving. The device can also be used in cases of divorce or separation when one parent is concerned that the other parent may be driving while intoxicated with children in the car.

San Jose Criminal Defense Attorneys and DUI Lawyers

California Criminal Defense Lawyer Locations> San Jose, CA San Jose Criminal Defense Attorneys and DUI Lawyers

If there is a chance you may need San Jose criminal defense attorneys you should contact The Kavinoky Law Firm immediately. It only takes a quick call or the online case submission to reach our team of San Jose criminal defense lawyers. They will contact you to discuss your circumstances, establish an attorney-client relationship, and begin giving you legal advice as needed. They will help you and do what is necessary for your criminal defense, such as collecting evidence and taking the necessary steps with the San Jose police or the courts before the trial.

Top San Jose Services:

 

  • Cannabis Crimes
  • Petty Theft
  • Outstanding Warrants
  • Firearms
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  • Why Call Us Now
    • The earlier you have effective legal advice, the sooner you can start making the right decisions.
    • Early mistakes result in criminal convictions and extended sentences.
    • Our lawyers are experienced in the local court system and committed to helping you prevent an unreasonable sentence, especially if that means jail time.

    The Kavinoky Law Firm
    San Jose, California

    2880 Zanker Road
    Suite 203
    San Jose, CA 95134
    Toll-Free Tel: 800-NO-CUFFS (800-662-8337)
    Toll-Free Fax: 877-346-4660

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Alcohol Education Programs in Butte County, California

Alcohol Education Programs in Butte County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Butte County, California:

Prevention Education Program, Inc.
(Service Provided: First Offender, 18 Month)
1215 Mangrove Avenue,
Suite B,
Chico, California 95926
Phone: 530-891-6148; Fax: 530-345-5514

DUI – Solutions
(Service Provided: First Offender, 18 Month)
645 Normal Avenue,
Chico, California 95928
Phone: 530-898-8333; Fax: 530-898-8060

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in Marin County, California

Alcohol Education Programs in Marin County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Marin County, California:

Bay Area Community Resources
(Service Provided: First Offender, 18 Month)
118 Alto Street,
San Rafael, California 94901
Phone: 415-453-9980

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in San Francisco County, California

Alcohol Education Programs in San Francisco County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a San Francisco DUI attorney.

Driving Under the Influence programs in San Francisco County, California:

Counseling Services for Drinking Drivers
(Service Provided: Service Provided: 18 Month, 30 Month)
43 Fell Street,
San Francisco, California 94102
Phone: 415-241-1187; Fax: 415-553-3939

Driver Performance Institutes, Inc.
(Service Provided: First Offender)
330 Townsend Street,
Suite 230,
San Francisco, California 94107
Phone: 415-905-5555; Fax: 415-905-5565

Dry Zone M.O. DUI Program
(Service Provided: 18 Month)
820 Valencia Street,
San Francisco, California 94110
Phone: 415-826-6767; Fax: 415-826-6774

Institute Of Advanced Driver Education
(Service Provided: First Offender)
2111 Mission Street,
San Francisco, California 94110
Phone: 415-255-0371; Fax: 415-864-3091

NCA And Other Drug Addictions Bay Area
(Service Provided: First Offender)
944 Market Street,
3rd Floor,
San Francisco, California 94102
Phone: 415-255-0371; Fax: 415-864-3091

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Alcohol Education Programs in Tulare County, California

Alcohol Education Programs in Tulare County, California

In California, there are several levels of Alcohol Education Programs that are offered. In order to enroll in one of the programs, one must be referred, either by the court or the California Department of Motor Vehicles (DMV).

BEWARE: Completing an alcohol program may not satisfy the DMV. That is just one reason why it is critical that you consult with a California criminal defense lawyer that concentrates on DUI defense.

Driving Under the Influence programs in Tulare County, California:

Alternative Services, Inc.
(Service Provided: First Offender, 18 Month)
2223 North Shirk Road,
Visalia, California 93291
Phone: 559-651-8090; Fax: 559-651-8099

Alternative Services, Inc.
(Service Provided: First Offender, 18 Month)
215 North D Street,
Porterville, California 93257
Phone: 559-783-2402; Fax: 559-782-4681

» Return to Driving Under the Influence program in California, directory of service providers

Note: This list is provided for convenience and informational purposes only. We do not recommend or endorse any specific Alcohol or Drug Risk Reduction Program.

Superior Court Of California, County of Colusa

Superior Court Of California, County of Colusa

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Colusa County Superior Court
547 Market Street, Colusa, CA 95932

» Colusa County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information

Superior Court Of California, County of Merced

Superior Court Of California, County of Merced

If you have been arrested for Driving Under the Influence of alcohol or drugs in the state of California, it is important to know the location of the courthouse where your arraignment will be held. If there are multiple courthouses in the county, please contact a skilled California DUI / DWI defense attorney for more information.

Merced County Superior Court
627 W. 21st Street, Merced, CA 95340

» Merced County Superior Court of California website.

Getting arrested on suspicion of DUI / DWI can be a frightening experience. Suspected drunk drivers face a legal labyrinth that can seem daunting. A drunk driving case generates two separate cases – in criminal court, and at the Department of Motor Vehicles (DMV). A California attorney with experience defending drinking and driving cases can help drivers navigate through both the DMV hearing and the court case.

» Return to California Superior Courts, general information