Saturday, September 5, 2009

California DUI criminal defense attorneys can prove that people often drive after drinking

California DUI criminal defense attorneys can prove that people often drive right after drinking, a notion which supports a rising blood alcohol level defense. California drunk driving criminal defense lawyers can use this study to establish one's BAC is lower at the time of driving than what it is at the time of the test.

California DUI criminal defense attorneys represent ordinary people who obviously drink alcohol right before driving. A "rising blood alcohol defense" is completely legitimate. It's simply a valid California drunk driving criminal defense lawyer defense. California DUI prosecutors often "guess" one's BAC so science must be used to explain what really happened with one's level at time of driving vs. time of test.

1 in ten folks who binge drinks gets behind the wheel of a car during or just after their binge. Of those who binge and drive afterward, more than half had consumed their liquor in a bar, restaurant or club.

A study appearing online and in the October issue of the American Journal of Preventive Medicine shows that researchers from the Centers for Disease Control and Prevention looked at data from a CDC telephone survey conducted in 2003 and 2004. More than 14,000 adults reported having more than five drinks during a single drinking session — the definition of a binge — in the previous 30 days.

The study ties drinking patterns to subsequent driving explicitly. “People think of impaired driving as a driving problem when it is as much a drinking problem as a driving problem,” said Naimi, M.D., a physician with the CDC’s Alcohol Team.

“Drinking in bars and clubs is a huge independent factor in binge drinking and subsequent driving,” said lead study author Timothy Naimi, M.D. “This study marks a failure of public health in the U.S., and one that is notable for the lack of will and resources devoted to enforcing even existing laws and alcohol control policies.”

Forty-eight states have laws preventing the sale of more alcohol to someone who obviously is intoxicated, Naimi said. Yet the respondents had an average of eight drinks at a time; more than a quarter had 10 or more.

“Many of these folks were demonstrably hammered, yet got served more alcohol — at a terrible cost to society,” he said. “This study highlights alcohol-service activity that is clearly irresponsible and that places law-abiding establishments at a competitive disadvantage.”

“This study confirms what others would have predicted, but in a much stronger way than ever before,” said David Jernigan, Ph.D., an associate professor at the Bloomberg School of Public Health at Johns Hopkins University. All states should have strong laws making a licensed establishment that serves liquor to obviously intoxicated patrons liable for their subsequent actions, he said, but not all do. Bartenders and waiters must undergo training to spot intoxication, he added.

Source: Naimi TS, Nelson TD, Brewer RD. Driving after binge drinking. Am J Prev Med 37(4), 2009.

If you believe your California DUI test shows a number not necessarily consistent with your BAC at time of driving under Califoornia drunk driving law, consider an online Survey.