Home -> Law Blog Directory -> Criminal Law Blogs -> DUI Blogger

Criminal Law

: DUI Blogger

One for the Road?

By Neil Shouse, Esq.

California Vehicle Code 23152b is what?s known as the ?per se? law. This means that if your blood or breath test revealed a blood alcohol concentration of 0.08% or greater, you are presumably guilty of driving under the influence. A common defense in a 23152b DUI prosecution in what?s known as the ?on the rise? defense. This defense is the essence of having ?one for the road?. Many people consume one last drink when they know they?re about to drive, figuring that they?ll be safely at home, the party, the bar, etc. before they feel the ?buzz? from that last drink. And while that may not sound too bright, it?s actually a scientifically valid theory. Alcohol takes a certain amount of time to absorb into your system, depending on a number of factors...continue to full post

Full post as published by DUI Blogger on September 16, 2009 (boomark / email).