Reader’s Question:
If I try to run around to sober me up first before driving, will I be safe in taking a breath test for a DWI arrest in California if in case I was caught by a policeman? How long after consuming an alcoholic drink can they detect it with a breath tester?
Samuel.
Bakersfield, CA
As we know, alcohol does not remain in the blood long enough for most tests to detect recent use. That is why breathalyzers and oral fluid tests are now being commonly used by law enforcement officers in California to easily and conveniently detect current use of alcohol on a DWI subject. Exercising won’t help you sober up faster after drinking too much alcohol. Thus, it will not be safe but it will just be tiring for you if you do that.
Detection of alcohol with a breath tester, depends on how much the person had to drink, and how long ago they drank. Alcohol is eliminated in the body at the constant rate of about .015% BAC per hour, that is about one drink per hour. If a person had only one drink, the maximum intoxication level they might have would be about .02%. This means that within one hour, their alcohol level would possibly be about zero. On the other hand, if a person had an alcohol level twice the legal limit for drunk driving in most states, for example, .20%, it would take13 hours or more for their alcohol level to reach zero after they stopped drinking. Breath alcohol testers measures blood alcohol level, which is an actual measure of intoxication. Therefore, a person who is not intoxicated has no alcohol in their bloodstream, and a breath alcohol test will provide a negative result.
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Reader’s Question:
My sister should have known better that having a second DUI offense in California would mean stricter penalties. I just want to know exactly, what are the penalties involved in my sister’s DUI case?
Liz
Central Coast, CA
Driving under influence of alcohol and other intoxicating substances is a serious offense in California. Many people never realize the trouble they will get into with drunk driving. Only after they face a jail sentence and huge penalty that they understand the entire consequence of their actions. Most of them don’t mix drinking and driving ever again.
However, there are some people who tend to disregard the rules, laws and law enforcement officers again. For a second DUI offense in California, the fine amount is of course higher than the prior offense. This ranges from 1800 to $2800. Your sister may also lose her driver’s license for a period of 18 months. The license may be restricted or suspended. She cannot drive the vehicle at all in case of suspension. She can drive the vehicle to and from work or educational institution in case of restriction.
It would be compulsory in all the cases to spend at a place that highlights the risks of drunk driving and persuades the driver to avoid the same offense again. Depending on the blood alcohol content in the system, a second DUI offender may even spend 18 months in a DUI school.
The jail term for second DUI offense in California is for 96 hours. But it may be reduced by doing community service.
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