Law Office of Jonathan Franklin: Alcohol

Showing posts with label Alcohol. Show all posts

Wednesday, October 15, 2014

How Many #Alcoholic Beverages Can You #Drink before Your Driving is Affected? #DUI

Newsflash from your Hollywood Attorney:

You probably already know that your level of alcohol intoxication is determined by the ratio of alcohol to blood in your body. Based on that ratio, California created its blood alcohol concentration, or BAC, limit. Anyone at or above the following limits can be accused of driving under the influence, or DUI, in the state:

0.08 percent for drivers in passenger motor vehicles.
0.04 percent for commercial drivers.

0.00 percent for any driver under the age of 21 years old. This means California has zero tolerance for drivers in this age group drinking and driving.

The Law Offices of Jonathan Franklin wants to stress that it is always better to stop driving after drinking. You should never take into consider whether you are or are not under the BAC limit. This way you can avoid the possibility of being accused of driving under the influence.

Drunk vs. Impaired

The difference between being drunk and being impaired can be confusing. They are separate concepts. For instance, an individual may be under the legal intoxication threshold. However, their ability to drive is impaired. An individual may be drunk, but have the ability to drive without committing a traffic violation like speeding or swerving.

It is also the reason that some people are initially charged with DUI, but later the charge is reduced to wet reckless. A wet reckless charge could mean that your BAC was under the legal limit of 0.08 percent and that you were driving in a way that was reckless. In other words, your ability to drive was impaired.

How to Figure out Intoxication

Everyone is different when it comes to how much he or she can drink before becoming intoxicated. For example, you may be able to drink three alcoholic beverages and not be intoxicated. However, your friend who has a smaller body frame than you may only be able to drink one beer before becoming intoxicated. Law enforcement may not want you to know this, but there is a way to figure out whether you are legally too drunk to drive.

Know your body weight in pounds. You must then compare it to the number of alcoholic drinks you’ve had. One alcoholic drink is equivalent to:

1.5 oz. shot of hard liquor.
12 oz. of beer.
5 oz. glass of wine.

Let’s say you weigh 200 pounds. One alcoholic beverage would put your level of intoxication at .016 percent. This is below the legal limit. However, six alcoholic drinks would put you over the legal limit of 0.097 percent.

Let’s say that your friend weighs 120 pounds. One alcoholic beverage would put her level of intoxication at 0.027 percent. Three drinks would put her level of intoxication at 0.081 percent. This is over the legal limit to drive in California.

To understand more about how the number of alcoholic beverages impairs your driving, contact the Law of Offices of Jonathan Franklin. In addition, if you are facing any type of DUI or criminal charge, contact us. We will discuss your case and how to effectively fight it.

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600

http://www.jonathanfranklinlaw.com

Tuesday, September 30, 2014

Is #LegalLimit of 0.08 % High Enough? The National #Traffic #Safety Board Wants It Lower

Newsflash from your Hollywood Attorney:

There is no denying the fact that the past 70 years has seen a huge change in how police and the public view driving under the influence. Numerous private organizations, government agencies and lawmakers have focused on DUI laws. For instance, in California a blood alcohol concentration, or BAC, of 0.08 percent or higher falls within the DUI statute. Drivers at or above 0.08 BAC are typically arrested for DUI. This shift has helped decrease alcohol-related vehicle accidents across the country. However, it has also caused a rise in the number of DUI arrests.

For the National Traffic Safety Board, or NTSB, has continuously pushed for a lower legal limit. It wants every state to adopt a legal limit of 0.05 percent for drivers who are over 21 years old. It’s an effort that started more than one year ago.

Many states, including California, are hesitant to lower the legal limit. California already lowered the legal limit once. In 1990, the legal limit was lowered from 0.10 percent to the current limit. In fact, South Carolina officials publically disagreed with the NTSB’s attempts to lower the legal limit.

California Drivers Can Be Arrested for BAC Levels Less than 0.08 Percent

Police in the state are already allowed to arrest drivers for DUI even with a BAC level under 0.08 percent. Although the NTSB wants the lower limit to apply in all situations, California only applies this policy in certain situations. For example, if an officer believes a driver is significantly impaired to drive. However, his or her BAC is under 0.08 percent. The officer can arrest the driver for DUI. Here are some other instances:

•People who drive commercial vehicles such as trucks can be arrested if they have a BAC of 0.04 percent or higher.

•A driver 21 years old or younger can be charged with DUI. His or her BAC must be at least 0.01 percent.

Arrests over the Legal Limit

Majority of states are enacting DUI laws for BAC levels at 0.12 to 0.15 percent or higher. This makes lowering the legal BAC limit unnecessary. In some instances, drivers who have a chemical breath or blood test that registers a higher BAC level may face enhanced, harsher penalties. Yet, advocates are still continuing to push for a lower limit to set a message that drinking and driving is not tolerated.

Although the battle over lowering the legal DUI continues, Californians should be aware of a few things. They can be arrested, charged and penalized for a DUI even if their BAC levels are under 0.08 percent. Also, the Law Offices of Jonathan Franklin is available to help anyone facing a DUI charge. We will aggressive defend and protect your rights and your future. Call today for a free consultation. It is the first step in your efforts to successfully resolve your matter.

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Thursday, September 25, 2014

#EnergyDrink - #Alcohol Combinations Can Lead to #DUI #Arrests

Newsflash from your Hollywood Attorney:

It is a popular trend. Many people are adding energy drinks to their alcoholic beverages. Energy drinks are beverages like 5-hour Energy, Red Bull, and Monster. It is not only a caffeine and alcohol mix, but it also includes stimulants like taurine and ginseng. This type of mixture has an unusual intoxicating effect. A person may be alert, however, the individual may not necessarily be aware of how drunk he or she actually is. There are two studies that detail the impact from the combination of alcohol and energy drinks.

Energy-Alcohol Mix Makes You Drink More

The Center for Research on Aging, Health, and Well-being at the Australian National University conducted a research study. The study found that mixing energy drinks and alcohol gives the individual the urge to drink more alcohol and/or mixed drinks. Mixed drinks could contain alcohol, energy drink and juice or juice and alcohol only.

Participants in the study drank these alcoholic beverages. Approximately 20 minutes prior to drinking and about 20 minutes after drinking, their desire to drink was measured. The participants who consumed the drinks containing alcohol and energy drinks reported a greater urge to continue consuming alcohol.

Energy-Alcohol Mix Makes You Less Aware of Intoxication

Researchers at Wake Forest University conducted another study on the effects of drinks that contained alcohol and energy drinks. The participants were college students. This study focused on the impact stimulants, like an energy drinks, had on a person when he or she consumes alcohol at the same time.

The study found that students who drank these beverages were intoxicated. It also discovered something else. Along with intoxication was impaired vision, motor skills and judgment. In fact, they were less aware of their intoxication than others who didn’t drink the energy drink-alcohol mix.

What Do These Studies have to do with a Driving under the Influence Arrest?

Plenty. Consider the results when the two studies are combined. Consuming energy drinks mixed with alcohol may increase your urge to continue drinking while reducing your perception of how drunk you really are. Both factors could increase your chances of drinking under the influence and getting arrested for DUI.

Thus, it is vital that you be particularly careful when drinking an alcoholic beverage that has an energy drink in it. These drinks can quickly “catch up” with you. In other words, all of a sudden you feel extremely intoxicated, but you’re not aware of the effects that it is having on your body and mind.

If you’re going to drink these energy drink-alcoholic mix, designate a driver. If you do drink and are pulled over for DUI, remember your legal rights!

Contact a DUI defense lawyer as soon as possible after your DUI arrest. Remain silent. You do not have to answer any questions about the number of drinks you consumed. You do have the right to refuse to answer questions if you are arrested for DUI or any type of charge. Your first step is to ask for a Los Angeles DUI Defense Lawyer. This will protect your legal rights.

The Law Offices of Jonathan Franklin is devoted to providing you with an aggressive defense while protecting your legal rights. If you have been charged with a DUI in Los Angeles, immediately contact Jonathan Franklin. He is a former prosecutor who now successfully defense clients accused of DUI. He will diligently work on your behalf to successfully resolve your case, whether it’s getting the charge reduced, dismissed, or arguing for an innocent verdict at trial. Contact Jonathan Franklin today.

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com