At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Appeals are currently pending, which will hopefully reverse that decision to exclude DUIs from diversion. If successful, diversion would once again be applicable to DUIs 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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Law Firm of Aaron Bortel

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. 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.

Blood Alcohol Content Level Resulting 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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