The Drink Wheel
On-Line BrAC Calculator
About
Disclaimer
The Intoximeters Inc. "Drink Wheel"1 is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration ("BAC") based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.
Why is it called a "Drink Wheel"?
We call it the "Drink Wheel" because it is based on various paper and cardboard BAC calculators that are given out in alcohol awareness programs, some of which are in the form of a wheel that you can spin around to calculate your estimated BAC based on what and how much you have had to drink.
It would be extremely foolish for us
to pretend that our "Drink Wheel" can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell.
A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.
The results that are generated are rough estimates of an average healthy person's BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone's fitness to work, drive or perform any other task or duty.
BLOOD ALCOHOL LEVELS
The results of the breath tests, blood tests or urine test will largely determine the charges brought and the possible sentences. The so-called "per se" offense (driving over .08%) is defined by the blood-alcohol level; the "DUI" offense (driving under the influence) is partially proven with a rebuttable presumption of intoxication if the result is over .08%.
It is important to realize that the DUI laws relate to the blood-alcohol level AT THE TIME OF DRIVING - not at the time of the test; there may be a significant difference, not to mention difficulties of proof. It is also important to understand that tests - particularly breath tests - are unreliable and susceptible to attack by an attorney who is knowledgable in the science of blood-alcohol analysis
Online Blood-Alcohol CalculatorA simple online questionnaire to determine your theoretical blood-alcohol level with different amounts of alcohol consumed, from the manufacturers of the Intoximeter breath analyzing machine.
The following list is the type of evidence that can be used against you when arrested for DUI/DWI.
1.
Blood-alcohol evidence - Usually a breath test but sometimes a blood test. (Urine
tests are now given in California only when breath or blood are not available.)
2. Incriminating statements ("I only had six beers")
3.
Field sobriety tests ("walk-the-line", reciting the alphabet, etc.)
4. Personal symptoms (slurred speech, bloodshot eyes, etc.)
5. Driving symptoms (weaving, lane straddling, etc.)
Procedurally, you should be aware of certain legal rights you have - rights which are commonly ignored by the police:
1. There must be legally sufficient facts to constitute "probable cause" to stop, detain
and arrest you.
2. You should be advised that submission to field sobriety testing and portable field
breath testing is not required by law.
3. Once arrested, you must be advised of your constitutional rights - the "Miranda"
warning - before any further questioning takes place.
4. You must be given a choice of breath or blood testing; if you refuse, you must be
advised of the legal consequences (the "implied consent" advisement).
5. If a breath test is administered at the police station, since the breath sample is not
saved, you must be given a chance to obtain a blood sample for later independent
testing by your defense attorney.
A big source of error in blood-alcohol testing is the mistaken assumption that the individual tested is perfectly average in certain critical physiological traits. Put another way, obtaining an accurate blood-alcohol reading is completely dependent on the validity of a number of scientific assumptions. Unfortunately for the person being tested, these assumptions are usually incorrect: The person tested is rarely "average" in even one of these critical characteristics, let alone in all of them.
For example, all breath testing devices depend on the assumption that the ratio between alcohol in the exhaled breath and alcohol in the blood is 1 to 2100. In fact, the BAC machine is designed to produce a reading based on that assumption; the accuracy of the reading is directly tied to the accuracy of the presumption. The actual ratio in any given individual can vary from 1:1300 to 1:3000, or even more widely. Thus a person with a true blood-alcohol level of .08 but a breath-to-blood ratio of 1:1700 would have a .10 reading on an "accurate" breath testing instrument.
Put simply, these machines do not test individuals. Rather, they test the average person over and over again, but using the subject's breath.
Yet another example of the assumption of "averageness" can be found in urinalysis. When a subject's urine is analyzed for blood-alcohol, a presumption exists that there are 1.3 parts of alcohol in the bladder's urine for every 1 part of alcohol in the blood. The actual ratio found in any given individual can vary greatly. And as the ratio is in error, so will be the final blood-alcohol reading.
Another example of this constant reliance on averages shows itself when the prosecutor offers evidence of retrograde extrapolation (assumption that blood-alcohol levels drop after you stop drinking). The blood-alcohol level at the time of testing is not relevant to the charge, of course and so the state will offer evidence to show what the level was when the defendant was driving. This is commonly done by computing the earlier blood-alcohol level by estimating how much alcohol had been eliminated or "burned off" in the time between driving and testing. But this requires two assumptions:
1. The blood-alcohol level was declining and the rate of elimination is known.
2. That the "burn-off" rate was .015 percent per hour.
How does the prosecution know that the defendant was eliminating (assuming he was eliminating) at that rate and not at .005 percent or .3 percent! Quite simply, the prosecution does not know: It merely assumes that the defendant eliminates at the average rate. And, of course, error in such an assumption translates into error in the extrapolation.
This ubiquitous "average person" in the DUI arena is not limited to chemical analysis. We even find him with the arresting officer in the field. When the officer administers the increasingly common "horizontal gaze nystagmus'' test as part of the battery of field sobriety tests, he operates on the assumption that the suspect is "Mr. Average." The officer has been trained to "read" at what angle the suspect's eyes begin jerking. A blood-alcohol reading can theoretically be obtained by subtracting the angle from 50; jerking at 35 degrees, for example, would mean the suspect has a blood-alcohol level of .15 percent. Where does the magic figure of 50 come from? The average person.
An alternative method of administering the nystagmus test is to "flunk" the person if jerking begins before 40 or 45 degrees. Why? Again, because the average person would theoretically have .10 or .05 percent alcohol in his blood at this point.
In either test, of course, we do not know what the individual's actual "baseline" is-that is, the angle at which his eyes would begin jerking if he were sober. In both cases, the individual is assumed to be physiologically identical to the theoretical "average" person.
DMV LICENSE SUSPENSION
In most cases, the person
arrested for drunk driving will have his license confiscated by the officer if he (1) takes a
breath test showing .08% blood-alcohol or higher, (2) gives a blood or urine sample which will be analyzed later, or (3) refuses to be tested. He will also be given a pink sheet of paper which serves as both a notice of suspension and a 30-day temporary license. (For out-of-state drivers, the license will not be seized and the suspension will only be of the privilege to drive within California.)
It is critically important to CALL THE DMV WITHIN 10 DAYS OF THE ARREST to request a hearing to contest the suspension; failure to do so will result in the suspension taking effect 30 days after the arrest. Requesting a hearing will also result in an extension of the 30-day temporary license, usually for another month or two depending upon when the hearing is held. Nothing is lost by requesting a hearing and a good
DUI attorney has a fair chance of getting the suspension thrown out.
Get a Copy of Your California DMV Record
The Department of Motor Vehicles (California DMV) keeps your driving record for about ten years. You can obtain a copy of your California driving record by following the instructions on this site.
The Statutory DMV License Suspension Laws
The statutory scheme for administrative California DMV license suspensions can become as complicated as the criminal punishment. Basically, a first offender with a blood-alcohol level of .08% will have his license suspended for four months; if there is a refusal to submit to chemical testing, the suspension is for one year. For drivers under 21, "zero tolerance" laws dictate a one-year suspension for blood-alcohol levels over .01%. Second offenders with over-.08% levels receive a one-year suspension (two years if a refusal).
The National Driver Registry
How to get information about your record on this national governmental database, used by states to determine a person's driving record in other states.
LOS ANGELES COURTS
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Citizens
charged with drunk driving are often understandably confused when
confronted with the criminal justice system. The following resources will
help answer many questions.
Los Angeles Superior Courts
Locations of all courts in L.A. County, with addresses, maps, phone
numbers and hours of operation for each.
Los Angeles DUI Law
and Drunk Driving Resources
General information about drunk driving arrests with links to Los Angeles
County resources and other DUI related pages.
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Los Angeles
Superior Courts Locations
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LAW ENFORCEMENT AGENCIES
Citizens charged with drunk driving are often understandably confused when confronted with the criminal justice system. The following resources will help answer many questions.
California Highway Patrol
Locations of offices statewide.
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Police or Sheriff's
Department
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LA Sheriff,
Malibu - Lost Hills
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Alhambra Police Department
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Arcadia Police Department
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LA Sheriff, Avalon Station
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Azusa Police Department
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Baldwin Park Police Department
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Bell Gardens Police
Department
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LA Sheriff, Bellflower
Station
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Beverly Hills Police
Department
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Burbank Police Department
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LA Sheriff, Calabasas
Station
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LA Sheriff, Carson Station
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LA Sheriff, Cerritos
Station
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Claremont Police
Department
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LA Sheriff, Commerce
Station
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Covina Police Department
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Culver City Police
Department
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LA Sheriff, Diamond
Bar Station
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Downey Police Department
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EL Segundo Police
Department
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Gardena Police Department
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Glendale Police Department
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Glendora Police Department
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Hawthorne Police Department
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Hermosa Beach Police Department
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Huntionton Park Police Department
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LA Sheriff, Industry
Station
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Inglewood Police
Department
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Irwindale Police
Department
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LA Sheriff, Lakewood
Station
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LA Sheriff, La Mirada
Station
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LA Sheriff, La Puente
Station
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La Verne Police Department
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