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:

I’ve seen the words “AV rated” on the adds for some DUI lawyers. What is an AV rated California DUI lawyer?

Joanne

Great Question Joanne.

An AV rated California DUI lawyer is undoubtedly a lawyer of such quality that they were conferred the honor of being rated by their peers and colleagues. An AV rating is determined by other lawyers and measures the lawyer in question’s contributions to law and the community. Having a good AV rating implies a lot of things about the lawyer–it means they probably participate in learning and teaching about law, that they have many many years of experience, that they have proven to be successful both in their business and in their cases, that they are valuable to the law community, and more.

One setback for you here is that the prices these lawyers charge may cause you to faint. There’s really no point hiring an AV rated Oakland California DUI lawyer for a small, insignificant case, as that’s kind of overdoing it, but if you have a big one a lawyer with this rating might be necessary for success.

–Fashun.

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