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Eating and Smoking Expert DUI defense from the pioneers who set the standard

Effects of Eating & Smoking On DUI Breath Alcohol Tests

The delaying effects of food on alcohol absorption – and thus on any attempts to use retrograde extrapolation in guessing earlier blood alcohol levels in a drunk driving case – have been documented. In A. W. Jones, “Concentration-Time Profiles of Ethanol in Capillary Blood After Ingestion of Beer,” 31 Journal of the Forensic Science Society 429 (1991), groups of subjects were given both light and regular beer on an empty stomach during a normal lunch, and one to two hours after a meal.

The results of blood-alcohol testing showed lower peak blood-alcohol concentration (BAC) with light beer on an empty stomach than with regular beer; the same was true for beer consumed after a meal. Peak concentrations for the two types of beer taken during a meal were similar, but the regular beer produced a slower rate of elimination.

Peak BACs for both kinds of beer were lower with a full stomach, and those peaks were reached earlier. This confirmed earlier studies indicating that some of the ingested alcohol is trapped by food in the stomach, forming a so-called bound pool which is not absorbed immediately. The untrapped “free pool” of alcohol, on the other hand, is absorbed as if in an empty stomach, causing a peak BAC to be reached quickly. The bound pool of alcohol continues to be slowly absorbed, creating a slowly dropping level of blood-alcohol concentration.

See also Jones and Neri, “Evaluation of Blood-Ethanol Profiles After Consumption of Alcohol Together with a Large Meal”, 24(3) Canadian Society of Forensic Science Journal 165 (1991), for a study with similar results. After extensive experimentation involving ingestion of alcohol by 16 DUI police officers, the researchers concluded that “[t]he results presented in this paper emphasize the need for caution when engaging in retrograde extrapolation.”

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DUI cases often hinge on the details of the evidence—blood tests, breath tests, field sobriety exams, and more. Our firm provides expert guidance at every stage, helping you understand and challenge the evidence used against you. As the first law firm in California to specialize exclusively in DUI defense, our team of four criminal defense attorneys—including two former prosecutors—brings unmatched experience and precision to protect your rights and your future.
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    Long Beach - Facing jailtime and fines

    7/25/24

  • Reduced to Dry Reckless (fine) Original charge - Drunk Driving (.20%)

    San Bernadino - 6 months jail, fine, license suspension.

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  • Dismissed Original charge - Drunk Driving

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  • Reduced to Reckless Driving (fine) Original charge - Drunk Driving

    Indio - 6 months jail, fine, license suspension.

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    Los Angeles - 6 months jail, fine, license suspension.

  • Evidence Suppressed, Charges Dismissed Original charge - Drunk Driving (.20%)

    Riverside - 6 months jail, fine, license suspension.

  • Reduced to Reckless Driving (fine) Original charge - Drunk Driving

    San Bernadino - 6 months jail, fine, license suspension.

  • Reduced to Public Intoxication (fine) Original charge - Drunk Driving (.23%)

    Los Angeles - 6 months jail, fine, license suspension.

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  • Reduced to Reckless Driving (fine) Original charge - Drunk Driving

    Pasadena - 6 months jail, fine, license suspension.

  • Reduced to Wet Reckless Original Charge - Drunk Driving

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It is Recommended That the Following Findings

Be Incorporated Into a Pamphlet for Drivers:

  • Eat a meal in close proximity to the time of drinking.
  • Eat a full meal, if possible, with a variety of foods which are largely protein and/or carbohydrates.
  • When it is not possible to have a meal before drinking, take advantage of whatever food is available. Almost any food will be better than no food at all.
  • Avoid drinking when no food has been eaten for more than two hours.

Reach out to The Law Offices Of Taylor & Taylor at (562) 330-4173 today to learn more.

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