Anyone who has ever consumed alcohol in a group knows that it affects everyone a bit differently. In addition, a person's individual tolerance can also vary depending on the circumstances.

Below are several important factors that may affect how your body absorbs alcohol and ultimately impact your blood alcohol content (BAC) during a California DUI arrest.

Weight: Generally, the less a person weighs, the more he or she will be affected by alcohol. A smaller person's body contains less water compared to a larger person.

Body composition: A fit person will be less affected compared to someone who has a higher percentage of body fat. This is because fatty tissue does not contain much water and does not absorb alcohol well.

Gender: Typically, women are more affected by alcohol than men because they tend to have more fat and less water in their bodies. Approximately 68% of a man's body weight is made up of water and only 55% of a woman's body weight is made up of water.

Food Consumption: When there is food in your stomach, alcohol is absorbed more slowly into the blood stream. The BAC rises more rapidly when you drink on an empty stomach, because there is no food in which to dilute the alcohol.

Various other factors: Of course there are many other factors that may impact your BAC, including your emotional and physical condition and health.

If you are charged with California DUI, it is imperative to consult with an experienced California DUI defense attorney who can help you determine your legal options.

Posted by Thomas Wallin at 2:42 PM | Permalink

In a recent San Mateo County DUI case, the court held that an off-kilter breath-testing device made it impossible to tell whether Defendant Derek Brenner had been driving under the influence of alcohol.

Brenner was stopped by a California Highway Patrol officer for driving erratically. The officer reported that Brenner's eyes were bloodshot, his speech was slow, and he smelled of alcohol.

Two breath samples tested at 0.08 percent blood alcohol, the minimum needed to prove a DUI violation. When the Department of Motor Vehicles moved to suspend Brenner's license, he presented a forensic toxicologist's report that said that the testing device consistently overstated blood-alcohol levels by 0.002 percent.

Like other breath-test meters used by the state, the device measured alcohol levels in increments of 0.01 percent. Therefore, it could have been recording Brenner anywhere from 0.08 to 0.089 percent. Because of the inaccuracy, he argued, his actual level could have been as low as 0.078 percent, within the legal limit.

A DMV hearing officer said Brenner's argument was based on speculation and suspended his license. However, a Superior Court judge set the suspension aside, a ruling that the First District Court of Appeal in San Francisco upheld in October. The court said that it was up to the DMV to show that Brenner's blood alcohol was over the legal limit.

When Brenner presented evidence that the meter readings were too high, "the burden shifted back to the department to prove the test was nonetheless reliable," Justice Peter Siggins stated in the court's 3-0 ruling.

On February 2, the state Supreme Court unanimously denied review of the DMV's appeal, leaving the appellate ruling as a binding precedent in California.

If you or someone you know has been arrested for DUI in San Mateo County, contact an experience San Mateo County DUI defense attorney for more information.

Posted by Thomas Wallin at 7:00 AM | Permalink

Saturday night ended in the hospitalization of two teenage girls after a short pursuit ended in a crash. A 17-year-old driver of a reportedly stolen 2006 Nissan was pursued by Merced County sheriff's. The pursuit lasted around 20 seconds before the Nissan hit an embankment becoming airborne, rolling over and ejecting a 17-year-old female passenger. A 15 -year-old female passenger also suffered major injuries. The driver tried to flee the scene on foot but was quickly apprehended. The driver of the vehicle faces felony charges which could result in state prison time. Any time there is a DUI with injury whether it is to another driver, passenger or even pedestrian you can be charged with a felony. A state prison sentence can be terrifying. If you are faced with felony drunk driving charges you need to call our team of knowledgeable DUI attorneys today.

Posted by Thomas Wallin at 12:12 PM | Permalink

Andy Moeller, the assistant offensive line coach for the Baltimore Ravens now faces driving under the influence charges after being pulled over for speeding this weekend. In total Moeller faces seven charges including negligent driving. According to his attorney he will enter a plea of not guilty to all counts. Just last month Moeller was acquitted of DUI charges and negligent driving after the judge found that he was not driving. Driving under the influence of alcohol and/or drugs is a serious offense that could affect all aspects of your life. If you are arrested for a California DUI then the first call you should make is to a leading drunk driving defense lawyer. Call us now for a free consultation.

Posted by Thomas Wallin at 3:49 PM | Permalink

On Sunday July 25, 2010 a street sweeper was arrested on suspicion of driving under the influence when his street sweeper was found overturned. The driver was not injured in the accident. The solo-car collision occurred near the Lake Perris Fairgrounds after 10:30 on Sunday morning. The reality is that a California drunk driving incident can occur to anyone at any time. If you are carrying a commercial license and are arrested for driving under the influence in California then you can face very harsh consequences that could suspend your commercial license for a year on a first offense and indefinitely on a second or subsequent offense. In addition if you are arrested for a California DUI in your commercial vehicle then the presumption is that your blood alcohol level is under a .04% at the time of driving. No matter what the circumstances of your drunk driving incident, you need to contact a California DUI lawyer immediately.

Posted by Thomas Wallin at 7:30 AM | Permalink

A 43 year old woman was drunk driving not once but twice in 3 Days. The woman was arrested by the same officer both times while wearing pajamas and no shoes both times. The Sheriff's office reported that the woman was pulled over and arrested on Saturday and released the same day. That following Monday the woman was stopped and cited by the same arresting officer with a blood alcohol level twice the limit. In the state of California it is illegal to drive with a BAC of .08% or higher. If you are charged with a DUI you will be facing two separate cases: One is with the DMV and the other is with the court. When you are arrested and charged with drunk driving in California you only have 10 days to contact the California Department of Motor Vehicles to request a hearing. If you don't, your license will automatically be suspended starting 30 days of your arrest for DUI. Contact an experienced California DUI Defense Attorney that knows the laws and will fight to get you the best possible outcome. Call us for a free consultation or fill out our free evaluation form online.

Posted by Thomas Wallin at 3:27 PM | Permalink