How Alcohol Affects DUI Cases in California

The important variables in evaluating effects of alcohol on driving

The mechanics of alcohol absorption, distribution and elimination are subject to a great degree of variability, depending on individual circumstances. Driving behavior, driver characteristics, and driving ability can also play a role in evaluating the effect alcohol has on driving ability, and the possibility of impairment.

Thus, the gathering of information, when possible, plays a key role in case evaluation. Each DUI attorney has his or her own manner of collecting information.

From a toxicological standpoint, the following is recommended as information your DUI lawyer should acquire:

Individual Information:

• Gender.
• Age.
• Weight.
• Height.
• Ethnicity.
• Occupation.
• Exposure to chemicals in the workplace.
• Age when first started drinking.
• Frequency of alcohol use.
• Any diagnosis of alcoholism.
• Visual characteristics (glasses, near-sighted etc.).

Medical issues:

• Diabetes; if so, when insulin was last used.
• Stomach or intestinal surgeries.
• Epilepsy.
• Illness or injury.
• Under the care of a doctor or dentist.
• Prescription or non-prescription drugs used, time used and dose.
• Time last slept (date and amount of hours).

Timeline:

• Date and time of observed driving.
• Date and time of the start of drinking for that session.
• Time stopped drinking prior to the observation of driving.
• Amount of alcohol consumed during the drinking session.
• Type, size (ounces) and alcohol concentration of the drinks consumed.
• Times when the drinks were consumed.
• Use of alcohol within 1.5 hours prior to the observation of driving.
• Use of alcohol after driving, prior to officer arrival.
• Ingestion of food at or near the time of the drinking session.
• Type and amount of food consumed.

Driving behavior:

• Contradictions to the documented driving behavior.
• Identity of the driver of the vehicle.
• Time started driving.
• Observed driving behavior by the officer.
• Length of time driving was observed by the officer.
• Mechanical problems with the car.
• Distractions in the car that may have caused the observed driving behavior.
• Familiarity with the road or route.

About The Author

Rabin Nabizadeh

Attorney at Law

Rabin Nabizadeh is a dedicated criminal defense attorney with extensive experience in both Federal and State courts around the Bay Area. He has successfully represented clients in cases ranging from Misdemeanor DUI and Theft to serious felonies such as Grand Theft, Burglary, Sex Crimes, and Murder. Notably, Mr. Nabizadeh possesses a unique understanding of Immigration Law, allowing him to adeptly navigate cases with both criminal and immigration consequences. Fluent in Hebrew and Farsi, he also enjoys playing classical guitar in his spare time.