One Beer per Hour Rule May Still Result in a DUI

It is a common misconception that drinking only one beer per hour will keep an individual within the legal limit to avoid a DUI. Regardless of what online blood alcohol concentration (BAC)
calculators tell you, they cannot honestly predict how a person’s body will react to one beer or glass or wine, thus incorrectly predicting their blood alcohol concentration and putting them at risk for DUI charges.

Photo by: Patrik Kristian

Photo by: Patrik Kristian

BAC calculator or “drink wheel”

There are several sites online where a person can enter their gender, height, weight, and drinks consumed resulting in a predicted blood alcohol concentration percentage. Unfortunately, many people trust these calculators and are surprised when they still end up with a DUI.

Other factors to include

Beyond gender, height, weight, and number/types of drinks consumed, there are several other aspects that can play a part in affecting blood alcohol concentration. These include:

With or without food. When someone drinks on an empty stomach they usually feel drunk right away. This is because there is nothing in the stomach to slow the absorption of alcohol so it isimmediately absorbed into the stomach lining. Drinking with a full stomach results in a slower absorption of alcohol, causing a person to feel the effects of drinking gradually. By slowing down the absorption rate however, BAC levels are also decreased slower, remaining elevated longer than expected.

Photo by: brando.n

Photo by: brando.n

Fat or muscle. When entering a person’s weight in a BAC calculator, it should also include body fat percentage. Someone who has higher muscle content will be able to absorb the alcohol swifter than someone with high body fat due to the lack of water in the fat cells. Thus, someone with high body fat may be more likely to get a DUI if they trust a BAC calculator to determine their BAC levels.

Alcohol metabolism rate. According to the U.S. Department of Health, alcohol metabolism is “the way in which alcohol is broken down and eliminated by the body.” Everyone is different and we all metabolize alcohol at different rates depending on our level of enzymes that break down alcohol. BAC calculators work on averages only and shouldn’t be trusted to know everyone’s exact rate of metabolizing alcohol.

Don’t chance a DUI

DUI Breathalyzer

Photo by: KOMUnews

Due all the different factors that could affect the way alcohol is metabolized in the body, it is recommended to not take chances of incurring DUI charges by trusting anything other than a breathalyzer. If you drink-phone a friend, call a cab, or sleep it off. If you are already facing DUI charges, contact a criminal defense attorney immediately.

Call a Cab or Phone a Friend – Do Not Drink and Drive

As the smoke from the fireworks has settled and everyone is headed home, those who have been consuming alcohol are being warned by law enforcement to call a cab or phone a friend; do not drink and drive.

Deadly day on the road

Photo by: Matthew Blouir

Photo by: Matthew Blouir

The 4th of July is a day of celebrating our nation’s independence and many do this by consuming mild to excessive amounts of alcohol while playing with dangerous fireworks. This combination itself can be hazardous, but getting behind the wheel of a car after drinking is can be fatal for the driver or others on the road.

Do Not Drink and Drive

Photo by: Michael Fötsch

Be responsible-don’t drink and drive

Residents who end up wasted at the end of the night usually know ahead of time that their plans involve drinking. Instead of making the deadly and usually impaired choice to drink and drive, party-goers are encouraged to be responsible and plan ahead. Some ways to do this include:

• Decide early on a designated driver.
• Give a sober friend the car keys.
• Have a friend or family member pick you up at a determined time.
• Have the number to a cab company on hand and enough cash for the trip home.
• Take public transportation to the party to take away any option of driving home.
• Encourage those around you to not drink and drive as well.

Increased DUI patrols

Photo by: 911 Bail Bonds Las Vegas

Photo by: 911 Bail Bonds Las Vegas

Law enforcement officials throughout Utah are warning residents that they will have an increased amount of patrols out in full force to catch drunk drivers this 4th of July. Those who drink and drive and a caught by one of the numerous DUI stops planned for the holiday can face days to weeks in jail and up to thousands of dollars in fines. Additionally, choosing to drink and drive for one night can result in a suspended license for up to 2 years. Those facing DUI charges with or without being the cause of an vehicular accident are encouraged to contact a criminal defense attorney.

Suspended Driver’s License Following Marijuana Charges

Utah residents can expect to have their driver’s license suspended following a DUI, yet they may be surprised when they lose their license following marijuana charges which were not acquired when behind the wheel.


Photo by: Nate Steiner

Photo by: Nate Steiner

Anyone who is found guilty for a DUI in Utah which includes driving with any measurable amount of a drug in their system can face anywhere from two days up to six months in jail and have their license suspended for:
• 120 days for individuals 21 years of age or older,
• One year or until age 21 for individuals who are 19 or 20 years old, or
• Until age 21 for individuals under age 19.
A driver’s license may be revoked if there are previous arrests for the same charges.

Utah Controlled Substances Act

A DUI isn’t the only marijuana charge that can end in a driver’s license being suspended. In Utah, cultivating, distributing, or even simple possession of marijuana or drug paraphernalia may result in a driver’s license being suspended for six months. Even a failed attempt to possess marijuana can result in the same suspension.

Safeguard your license after a marijuana charge

License Suspension after Marijuana Charges

Photo by: Kat

Losing a license can make it difficult or nearly impossible for some Utah residents to attend school or make it to they place of employment. Anyone facing marijuana charges should consult with a criminal defense attorney regarding protecting their driving rights. An experienced attorney can help an individual keep their driver’s license whether through helping to prove no fault or through a plea in abeyance, which may end in a fine but no driver’s license suspension.