At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at abortellaw@gmail.com OR Call us at: (415) 523-7878

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Conversion Rates: How Fast Do You Eliminate Alcohol?


The amount in your blood, whether you are a lightweight or not, is something that you can’t hide. Now, some people burn off alcohol at a faster rate than others. The burn-off rate for alcohol in the human body ranges from 0.009 to a 0.029, which is quite a sizable range.

And the average burn-off is about a 0.015 to a 0.018. So a drink, which is what they call an average drink for an average person, will usually result in a level of about a 0.02, or a slightly higher more than that.

Which Blood Alcohol Level Will Result in a DUI Charge?

But if you do drink and drive, a good thing to do would be to have a breath machine in your vehicle. Then, you can you wait a good amount of time until after you have stopped drinking and blow into it to see what your blood alcohol level is for yourself. And that’s still not a failsafe method, but it’s much better than just going on the, “I followed the drink an hour rule, so I should be okay.”

What you also have to remember is that you don’t have to have a level of 0.08 to get a DUI. Prosecution witnesses will testify that impairment occurs at levels of 0.05, so you can be under a 0.08 and still get a DUI.

And I have seen countless times where counties have charged people with DUIs when their blood alcohol level results were under a 0.08 blood alcohol level.

Aaron Bortel

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