Visalia DUI Defense Lawyer


Alcohol Effects on the Human Body & How its Absorption Rate Works

While many might be unaware of alcohol effects on the human body and its absorption rate over time, most might be shocked to realize that depending upon their body's rate of absorption and other physical and/or clinical factors, it is highly plausible for an individual to have a blood alcohol content/concentration (BAC) of .08% or higher, several hours since their having their last drink.

In fact, there have been individuals charged and even convicted of driving under the influence (DUI) due to their having a BAC of .08% while on their way to work or school the morning after having been out all night drinking. Essentially meaning, due to the amount of alcohol you consumed the night before, how the alcohol affects the body, and depending on its rate of absorption, you might go home and sleep, yet awake the next morning still legally too drunk to drive. Even though you display absolutely no signs of being under the influence or exhibit any intoxicated behavior at all.

How Alcohol Affects the Body

When you drink alcohol, it of course travels to the stomach where your body immediately begins to absorb its key active ingredient, ethanol, into the bloodstream. Yet alcohol's primary inactive ingredient is water. Therefore, the stomach might have a hard time holding the alcohol long enough for the ethanol to absorb completely as it wants to flow on through to your body's small intestine.

So much of this depends upon your stomach's other contents. If you have eaten plenty, the alcohol might linger in the stomach longer. If you have an empty stomach, the liquid ethanol containing alcohol will shoot straight down into the small intestine almost unabated. There, the absorption rate escalates considerably. It absorbs through your intestinal walls so quickly and travels toward the brain so fast, the enzymes our body sends to destroy the toxin doesn't have enough time to do so.

The more a person drinks, the more alcohol absorbs into the bloodstream and up to the brain. Along its way, the ethanol begins invading cells and inhibiting their surrounding proteins. These proteins are the levers behind certain physical/mental actions the alcohol affects in the human body. Such as the eye proteins which begin causing you to have blurred vision, the muscle proteins which cause you to be unable to coordinate your movement, and also affect your brain's ability to think clearly.

Alcohol's Absorption Rate

Depending on how much alcohol you drank, it might take a while for the effects of alcohol to wear off enough for you to appear and act sober again. However, it could take quite a bit longer for your BAC to be that of a sober person.

For instance, if you weigh roughly 185 pounds, male, and from 10 pm – 3 am you drank 12 beers and say 4 shots of a spirit such as vodka or whiskey. Your BAC at 3 am might register 0.24% and three times the legal limit to drive! Because alcohol is a liquid and capable of collecting all throughout your body, it will take longer for your body to absorb all the alcohol than it will for your brain and cells to go to working properly again.

Although at 8 am the next morning you may feel and look fine, your body may have only absorbed half the alcohol concentration. Meaning although you don't show it, your BAC could still be as high as .10% or more! Effectively being high enough for you to be charged with DUI in California!

Though extremely complex, an attorney who is experienced in challenging California DUI cases can often argue absorption rate issues such as how much you had to eat that slowed down the rate of absorption, your body weight, and even your body's metabolism. By effectively arguing that you were of clear mind and essentially much more sober than your body's slow rate of alcohol absorption displayed through BAC results, it is extremely possible you could win your California DUI case.

Challenging Your California DUI: Field Sobriety Test

If you or someone you know has recently been charged and/or arrested for driving under the influence (DUI) in or around Visalia, California, there are various circumstances surrounding your DUI arrest your attorney might choose to challenge depending upon your best interest. After investigating every aspect of your arrest, your California DUI attorney might choose to challenge probable cause, blood alcohol content (BAC) results or perhaps even any of your rights that may have been violated during your arrest and detainment.

Rights Regarding Submitting to a California DUI Breath Test

Many California DUI defendants forego trial and plead guilty to their charges as a result of their belief in the accuracy and validity of the California DUI breath test result.

California DUI Blood Test Results Far Too Inaccurate & Unreliable

Quite often, human error on the part of the medical professional can quickly render any DUI blood test BAC result inaccurate, unreliable, and inadmissible as evidence. Improper handling of the sample, collecting or storing the sample in an unsanitary or inadequately sanitized container, and perhaps even the allowing of foreign substances to enter into the testing area causing cross-contamination consistently creates issues with the reliability of DUI blood test all throughout California.

Driving Under the Influence of Marijuana in California

Considering the possible implications of a Marijuana DUI conviction such as jail-time, driving license suspension, and a criminal record, it's prudent to secure a California, Visalia lawyer to attain the best possible defense. A competent and experienced criminal attorney can have charges dropped, help work out a plea bargain or even secure a temporary driving license.

DUI with Injury, Essential Facts You Should Know If Facing a DUI with Injury Charge

It's a pretty serious offense that can be charged as a misdemeanor or felony. The former carries a maximum sentence of one year and a fine -- or both -- if convicted, while the latter carries a max punishment of three years in state prison.

Do you have questions about a case? Visalia and Bakersfield area criminal defense attorneys at Martens Law Firm can assist you with criminal charges. With years of criminal defense experience, our firm has handled thousands of cases.  Attorneys here have the skills and knowledge needed to defend your rights. Serving the Visalia, Fresno, and Bakersfield areas, Martens Law Firm can provide expert criminal defense counsel. CONTACT US AT 559-302-9722 OR 661-466-2142 TODAY



Martens Law Firm Is Here for You

At Martens Law Firm, we focus on Assault, Domestic Violence, Drug Possession, DUI, Expungement, and Juvenile Defense, and we are here to listen to you and help you navigate the legal system. Contact us today.

Visalia Office
5215 W Noble Ave, Suite 121
Visalia, CA 93277
559-553-0099 (fax)
Bakersfield Office
1707 Eye Street, Suite 205
Bakersfield, CA 93301
(661) 466-2142
(661) 554-4463 (fax)