One for the Road…
California Vehicle Code 23152b is what’s known as the “per se” law. This means that if your blood or breath test revealed a blood alcohol concentration of 0.08% or greater, you are presumably guilty of driving under the influence.
A common defense in a 23152b DUI prosecution in what’s known as the “on the rise” defense. This defense is the essence of having “one for the road”.
Many people consume one last drink when they know they’re about to drive, figuring that they’ll be safely at home, the party, the bar, etc. before they feel the “buzz” from that last drink. And while that may not sound too bright, it’s actually a scientifically valid theory.
Alcohol takes a certain amount of time to absorb into your system, depending on a number of factors. These include (but are not limited to) your weight, what you’ve previously eaten, and your tolerance to alcohol (that is, how much and how often you drink).
This means, that if you “slam” or “shoot” a drink, its effects won’t be immediately apparent. The reason this is so important is because California Vehicle Code 23152b is concerned with your blood alcohol concentration (BAC) at the time of driving…what your BAC is two hours later when you ultimately take your chemical test is completely beside the point.
If your BAC is around a 0.08% (0.08%-0.10%) at the time you took your blood or breath test, it is therefore arguable that you could have been below the legal limit at the time you were actually stopped for driving under the influence…which is the only point that is legally relevant.
