Has DMV unlawfully shifted their license suspension action policy from loss of license for BAC of .08% to “getting a DUI,” ask San Diego Attorneys?

Has DMV unlawfully shifted their license suspension action policy from loss of license for BAC of .08% to “getting a DUI,” ask San Diego Attorneys?

Blood Alcohol levels physically change over HOURS.

DMV published technical charts for this. For years, California drivers were mailed these charts* with licenses, registration tags and the like.

“HOW TO USE THESE CHARTS: Find your weight chart. Then, look for the total number of drinks you have had and compare that to the time shown.”

According to the white, gray and black boxes in DMV’s charts, depending on one’s weight, a person can preponderantly go from:

.01%-.04% in one hour, to

.05%–.07% in next hour, to

.08% or higher in the next hour.

Recently, DMV changed their charts. They stopped using time of drinking or HOURS in their charts.

Instead of determining one’s level based on number of drinks and number of hours, they now determine .08% or more based on number of drinks and body weight in pounds.

DMV DL 606 (REV. 7/2010) now says:

“Get a DUI – Lose Your License!

It is illegal to drive with a Blood Alcohol Content (BAC) of .08% or more (.04% for commercial vehicle drivers and .01% if under 21). Other factors, such as fatigue, medications or food may affect your ability to legally operate a vehicle. The table below gives an estimate of blood alcohol levels based on the number of drinks, gender and body weight. REMEMBER: Even one drink is likely to affect your ability to drive safely!

Subtract .01% for each 40 minutes of drinking.”
1 drink = 1.5 oz. 80 proof liquor, 12 oz. 5% beer, or 5 oz 12% wine.
Fewer than 5 persons out of 100 will exceed these values.”

Why has DMV stopped using their charts which would help drivers try to calculate their BAC depending on how long they have been drinking (e.g. 2 or 3 hours)?

Why does the new DMV chart or table not take into account the passage of time in terms of hours of drinking?

How can DMV distribute a chart which incorrectly suggests that you lose your license if you “get a DUI” when the issue is whether the driver’s BAC is .08% or more at time of driving, ask San Diego DUI lawyers?

Why would DMV suggest, e.g., that a 140 pound male would have have a BAC of .17% (over twice the legal limit) after just 4 drinks without any reference to the number of hours of drinking, ask San Diego DMV defense attorneys?

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