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Rising Blood Alcohol & DUI Charges in Hercules, CA

As a small city in California, with a population of approximately 25,000, the city of Hercules is in Contra Costa County, located about 10 miles north of Berkeley. California Powder Works relocated their operations from San Francisco in 1881 to the area which is now the city of Hercules; the city offered significant contributions during both World Wars to the production of explosives.

If you are a resident of Hercules, you may have spent time at the Powder Keg Pub on Railroad Avenue. The Powder Keg offers awesome mixed drinks, patio street side seating, fast, friendly service, and a flat screen to watch the game while you have a beer. The Bar None in neighboring Pinole, California could also be your choice for a relaxing evening or a night out with friends. With pool tables and a wide variety of mixed drinks, beer and wine, the Bar None is considered one of the better hangouts in the area. 

Wherever you choose to relax after a tough day at work, or on a weekend, that relaxation can come to an abrupt halt should you find yourself being charged with DUI. Whether you had too much to drink or not, you will want an experienced Hercules DUI attorney by your side as soon as possible. There are many ways a knowledgeable attorney can fight your DUI charges by having your charges reduced, or even dropped.  

Using Rising Blood Alcohol as a Defense

Depending on your specific circumstances, your attorney may choose to use the rising blood alcohol defense, which is based on the fact that alcohol takes a specific amount of time (30 minutes to two hours) to be absorbed into your bloodstream. The rate of absorption can depend on many things, including what you have had to eat, when you last ate, your weight, your gender, what type of alcohol you drank, and when you drank the alcohol.

Since women typically have less water in their body than men, their BAC is likely to rise more quickly and to a higher level than a man’s because there is less body fluid to dilute the alcohol. It can take up to two hours for alcohol to enter your bloodstream, reaching its peak absorption level.

What this means for your defense is that if you drank alcohol immediately prior to getting into your car, and you were stopped shortly after you began driving home, it is unlikely the alcohol you drank has entered your bloodstream. What this means in practical terms, is that your BAC could have been well below the legal limit of 0.08 percent when you were pulled over, yet when you were administered a Breathalyzer test 20, 30 or even 40 minutes later, your BAC could have risen significantly. This means you might not actually be guilty of driving under the influence.

If you performed well on field sobriety tests and showed no overt signs of impairment, your DUI attorney may be able to show your BAC was lower than the legal limit when you were initially stopped. This can be done through the use of a toxicology expert, receipts from the bar or restaurant showing the foods you ate and the drinks you had prior to driving, as well as eyewitness testimony showing you were not impaired when you got into your car. If you have been charged with DUI in Hercules, California, don’t wait to contact an experienced DUI attorney—your future could depend on it.

Why Choose the Law Office of Nabiel C. Ahmed?

Since opening his practice in Oakland, Attorney Nabiel Ahmed has helped hundreds of clients protect themselves in court. Our firm has secured dismissals, acquittals, and reduced sentences in countless situations—many of which our clients believed were hopeless. We know the system, and we know how to guide you through it. We provide counsel to clients throughout the East Bay and Contra Costa County—let us help you.

If you have been detained, we’ll come to you for a jail interview or provide a free consultation over the phone. Call (510) 907-6600 or submit a quick online form today!

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