In some of those studies, and in other scientific publications dealing with drinking and driving, because alcohol is a drug, when it is first introduced into one’s body the person feels the effects of the alcohol and when asked if they felt that they were okay to drive after consuming the alcohol the answer is almost always “No”. This is because they have identified that they feel different after having consumed the alcohol. But the phenomenon exists when that same person reaches an equilibrium, which is where the body has adjusted to the alcohol that has been absorbed into the bloodstream with likely more alcohol to follow. Because the person has reached an equilibrium, they no longer feel that initial impact of the alcohol and then therefore feel that they are okay to drive. The manner in which a person metabolized alcohol compounds this phenomenon
The news article went on to discuss a reality in Orange County particularly, which is that just because a person has a breath alcohol level of less than .08%, this does not prevent him or her from being arrested on suspicion of driving under the influence because as Officer Gramer: "The [Orange County] District Attorney's office has filed [DUI-related] charges for a 0.05%." Officer Gramer is correct: the Orange County District Attorney's Office routinely files cases against drivers with blood or breath alcohol levels below 0.08%.
According to the news article, participating patrons received a $20 gift card from the ride sharing company Uber for a free lift home if needed. “People need to think about their night out before heading out the door and make proper arrangements”, Ramos said. "You have to have a plan, with how much you're planning to drink that night and how you're going to get home," he said. I do not disagree. While I defend those charged with DUI, I do not condone DUI. That said, there are many people who are charged with DUI who were not DUI at the time they were driving, which is what the prosecution is required to prove under California law pursuant to California Vehicle Code Sections 23152(a) and 23152(b) and the Jury Instructions found in Cal-Crim 2110 and Cal-Crim 2111.
If you feel that you were not under the influence or above a 0.08% at the time of driving and want to defend yourself against the DUI charge, contact DUI Defense Attorney Peter F. Iocona for a Free Consultation.
Blog Entry: Know Your Limit Campaign (Peter F. Iocona, Attorney at Law)