A DUI in Los Angeles will typically be prosecuted when a person is above the legal limit. In California, a permissible alcohol level in blood is equal to 0.08% for adult non-commercial drivers who are not on DUI probation. Commercial drivers, when operating a commercial vehicle, are permitted to have no more than 0.04% blood alcohol content. Minors are not allowed to have any alcohol while driving under a zero-tolerance California law found in CVC 23136. A violation of zero-tolerance California violation is not a crime but it will result in a one-year driver’s license suspension. A “minor DUI”, found in CVC 23140 is an infraction-level offense with a blood alcohol level of .05 or lower BAC. An infraction is not a jailable offense but it will also result in a one-year driver’s license suspension.
A 0.08% DUI, is often charged as a violation of California Vehicle Code section 23152(b), arguably, the most common crime in Los Angeles. Los Angeles DUI attorneys are experts in defending any DUI-related charge in Los Angeles County and will represent you in court and at the DMV.
A standard alcoholic drink is measured as a 1.5 ounce of hard liquor, or a 12-ounce bottle of beer, or a 5-ounce glass of wine. The alcohol level in the blood will be affected by the number of drinks and by the weight of a person. A heavier person will be affected less by a standard drink. For example, a person who weighs 200 pounds might reach the .08% BAC after 4 drinks. In contrast, a person who weighs 100 pounds might reach the legal limit of .08% BAC after only 2 drinks.
The sex of the driver will also affect the blood alcohol level. Scientific studies conclude that women’s body chemistry affects their alcohol level and women reach higher blood alcohol content than men with the same number of drinks and the same body weight.
ALCOHOL IN THE BODY
Alcohol levels will drop with the passage of time through a process called elimination. The elimination of alcohol from a body will differ from one person to another with an average reduction of approximately .01% BAC for every 40 minutes of time passed. A male 200 pounds male who consumes 4 drinks might reach a level of .08% BAC as his peak blood alcohol level. If that person stops drinking two hours after starting, his alcohol level might drop to .05% in those 2 hours.
COMMON ERRORS IN ALCOHOL TESTING:
- A breath result taken shortly after drinking will be inaccurate 85% of the time with a breath alcohol level being overestimated by 40%.
- Blood Results can have contaminants that will be misinterpreted as alcohol.
- The operator of the machine’s improper training can influence the results (for example failure to observe for 15 minutes).
The example given here is based on average persons, who will not represent a Los Angeles DUI defendant like yourself because the individual variances are too significant. The human body chemistry can be very complicated and can be misrepresented by scientific equipment used by police in Los Angeles DUI prosecution.
Many of the defenses used by Los Angeles DUI Attorneys are focused on showing that scientifically, the measurements of alcohol levels in the blood can be easily misinterpreted or inaccurate. If you are facing DUI charges in Los Angeles courts, please call our office for a free consultation. You will be able to directly talk to one of the best Los Angeles DUI attorneys.