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"Alcoholic Beverage"
In order to be convicted of a California DUI or drunk driving (driving while impaired by alcohol, or under the influence of alcohol), it must be proven beyond a reasonable doubt that the person was under the influence of an alcoholic beverage, which caused the driver to either drive without due caution or it is proven the driver's blood alcohol content (BAC) was at or above .08%. Where a driver's blood or breath alcohol content exceeds the legal limit, it is considered a violation of the "per se" law.
Under the first type of California DUI theory, the focus is on the impairment (or lack of impairment) of the driver. Under the second type of California DUI theory, the focus is on the alcohol level, regardless of whether or not the driver is impaired. A DUI conviction can be obtained on either (or both) of these theories; it is essentially two bites at the same apple for California DUI prosecutors.
For purposes of California DUI laws, "alcoholic beverage" is defined as any liquid or solid material, whether or not combined with any other substance, that is intended to be ingested by a person and that contains ethanol (also known as ethyl alcohol), drinking alcohol, or alcohol, including malt beverage, beer, wine, spirits, liqueur, whiskey, rum, vodka, cordials, gin, and brandy, and any mixture containing one or more alcoholic beverages ingested separately or as a mixture and that contains 1/2 of 1 percent or more of alcohol.
- If you choose to drink alcoholic beverages, do so sensibly and in moderation; 1 drink per day for women and up to 2 drinks per day for men.
- Not everyone should drink alcoholic beverages. Don't drink alcohol if you cannot restrict or control your intake, feeding, are taking medications that may react with alcohol, or have certain medical conditions. Children and adolescents should not drink alcoholic beverages.
- Don't drink alcoholic beverages if you are doing activities that require attention, skill, or coordination, such as driving or operating machinery.
Bad Consolidation Credit Debt Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.NoCuffs.com.
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