Legal Question in DUI Law in California

I am in intestested in knowing if there is legal precedent for getting a dui aftering donating blood.


Asked on 10/13/11, 7:26 pm

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

Not sure what you're asking.... Can you be arrested, charged and convicted of DUI after donating blood? Yes, if there was alcohol in your system at/above 0.08% or if you were under the influence and it impaired your ability to drive, regardless of what your blood alcohol level was.

Would it take less alcohol to get you to a 0.08% after just donating blood? Potentially, but the percentage is based on alcohol in the blood - based on the volume of the sample taken. Your body replenishes the blood taken during a donation relatively quickly. Whether or not it would impact your blood alcohol reading would be for expert testimony based on the recency of the donation, your height, weight and gender, along with other factors used to calculate blood alcohol levels.

If this is part of your defense, discuss it in depth with your attorney. This is definitely not a do-it-yourself project.

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Answered on 10/17/11, 2:53 pm


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