Our San Francisco DUI Lawyer Discusses Differing Tolerances to Alcohol

Posted on November 11, 2015

Alcohol and Car Key

Our San Francisco DUI lawyer at Silviera Law understands that all defendants are not equal when it comes to the ability to tolerate alcohol in their systems. Your San Francisco DUI lawyer can cite several studies that have revealed that physical size is not the only body characteristic that can help in alcohol toleration, but that the amount of alcohol an individual regularly consumes can also help build resistance to impairment. What this information means is that your San Francisco DUI lawyer can use the results in impaired driving cases when the state is assuming the defendant was impaired at .08%.

Long-Term Alcohol Use

The length of time the defendant has spent as a regular alcohol consumer can also enhance the ability to resist impairment. This scenario is similar to an individual who takes prescription medicines for a long period of time. A tolerance to particular types of chemicals develops, and it also means the patient will need an increase in dosage over time because the intended result is not achieved by the current medication. This is an effective proven analogy that your San Francisco DUI lawyer can use to have a borderline DUI charge potentially reduced to reckless driving or even dismissed in cases of illegally seized evidence.

Reckless Driving Defense

Your San Francisco DUI lawyer at Silviera Law can also use the alcohol tolerance studies when defending reckless driving charges that are normally issued for impairment levels between .05% and .08% blood alcohol content level. Reckless driving is not a criminal offense, even though it can result in substantial fines and loss of points on your drivers license. Our San Francisco DUI lawyer will be defending a criminal case for BAC levels between .05% to .08% in some cases, as California prosecutors are often very aggressive when charging for DUI. Avoiding a criminal conviction for driving under the influence can be a major investment in the remainder of your life when you are young, as a conviction can impact maintaining employment or finding future lucrative positions. Receiving a charge for impaired driving is not just a traffic issue. It is a serious crime in San Francisco.

Contact a San Francisco DUI Lawyer

Anyone who has been charged with driving under the influence and may have a tolerance defense claim should contact Silviera Law at (415) 795-3890 for a full evaluation of your case.