CALIFORNIA CRIMINAL LAWYERS

Understanding How Alcohol Tolerance is Considered in Los Angeles DUI Cases

The Flaws of Breath and Blood Tests in Determining DUI Offenses

When it comes to determining a person’s level of intoxication, prosecutors often rely on breath or blood tests. These tests are regularly used to determine whether an individual has committed a DUI offense, which in Los Angeles can result in charges under California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. However, relying on breath or blood tests can be problematic, as each individual has a different level of alcohol tolerance that is not taken into account.

Studies reveal that the numbers produced by breath and blood tests are not sufficient enough to determine an individual’s level of intoxication. In a recent study, individuals who had a history of alcohol abuse were tested after consuming large amounts of alcohol. The results found that there was no correlation between the individual’s perceived level of impairment and their blood alcohol content (BAC). Other research has shown that chronic alcohol users can tolerate extremely high BAC levels, which can be fatal for the average person. This means that individual’s alcohol tolerance should be taken into consideration when determining the severity of their impairment.

Moreover, specific genetic components and the frequency of alcohol consumption affect alcohol tolerance. As a result, there are situations where an individual may appear to be highly impaired, but their BAC levels remain below the legal limit of .08 percent. This highlights the fact that BAC is an inadequate way of measuring an individual’s level of impairment.

In most cases, heavy alcohol consumers demonstrate significantly different behavior than what is typically expected based on BAC. For example, most individuals with BACs greater than .30 enter into a comatose state, while BACs that exceed .40 can result in fatality. However, individuals with a history of alcohol abuse can remain conscious even after their BAC levels reach .70 or higher. Therefore, the severity of an individual’s intoxication cannot be solely determined by their BAC level.

The implications of relying on breath and blood tests without considering alcohol tolerance are significant. Prosecutors often attempt to increase DUI penalties for defendants who had high BAC levels at the time of the offense. However, if alcohol tolerance is taken into account, the defendant’s level of impairment could be significantly different from their BAC level.

Fortunately, the results of breath and blood tests can still be challenged in court. When other indications of intoxication, such as driving conduct or field sobriety tests, are considered, it provides an accurate assessment of the individual’s impairment. Additionally, malfunctioning testing devices require the prosecutor to prove intoxication without using BAC levels. These cases allow other factors to be evaluated to determine if the defendant demonstrated impairment, including alcohol tolerance.

Therefore, if you have been charged with a DUI, it is important to speak with a Los Angeles DUI attorney as soon as possible. An experienced attorney can build a strong defense for you in court by taking into account the flaws in breath and blood tests, alcohol tolerance, and other relevant information. By doing so, you can improve your chances of receiving a fair trial and avoiding unnecessary and harsh penalties.

Flaws in Breath and Blood Testing

Breath and blood tests are commonly used to determine the level of impairment in DUI cases, but these tests have significant flaws. They fail to take into consideration the level of an individual’s alcohol tolerance. Scientific research reveals that the numbers produced by these tests are not reliable when determining an individual’s degree of intoxication. Studies have demonstrated that there is no correlation between an individual’s perceived level of intoxication and their BAC level.

Many chronic alcohol users can tolerate high levels of alcohol that would be deadly for an ordinary person while showing minimal to no signs of impairment. Genetic components and the frequency of an individual’s alcohol consumption affect an individual’s alcohol tolerance level. Some people may appear to be highly intoxicated, but their BAC levels may not exceed 0.08 percent permitted limit. This means that relying solely on BAC levels is an insufficient way to determine an individual’s degree of impairment.

Heavy alcohol users differ significantly from normal expectations of behavior when given a BAC. For example, individuals with BACs of .30 or higher usually enter into a comatose state, while BACs greater than .40 can be deadly. Research reveals that individual’s with a history of abusing alcohol consumption can remain conscious even after having BAC greater than .70. This shows that BAC is not an adequate way to measure an individual’s degree of impairment.

Penalties for High BAC

For cases of DUI, prosecutor may attempt to raise the penalties for defendants who had high BAC levels at the time of the violation. However, alcohol tolerance should be considered while determining the defendant’s level of impairment. Result may differ from the BAC level. “Per se” statutes in California disregard the driver’s level of tolerance and directly focus on the results of a breath or blood analysis.

Challenging the Results of Breath and Blood Tests

DUI cases that rely entirely on the results of breath and blood tests can be challenged in court. In some cases, testing devices can malfunction, or prosecutor may have to prove the defendant’s level of intoxication without using BAC levels. The defendant’s performance in field sobriety tests, driving conduct, and other indications of intoxication may be analyzed to accurately evaluate the level of impairment.

If you have been charged with a DUI offense, it is necessary to get in touch with a Los Angeles DUI attorney who can provide a free consultation. It is essential to have an experienced attorney who can represent you and provide necessary defense in court. The attorney will take all information, including alcohol tolerance, into account while building your defense case to increase your chances of getting a fair trial while avoiding unnecessary and harsh penalties.