Question: I thought I wasn't drunk when I got into my car to drive home. I had a buzz, that's true, but I didn't feel drunk. I tried to plan before drinking, so I ate certain foods that I thought would help me with not getting drunk. I had some chicken, yogurt and a lot of soda. I thought that would protect me from the effects of the beer, wine and whiskey I drank that night with my friends from work and college.
But as I was driving home I swerved and got stopped by a Cobb County police officer. I was trying to be cooperative although I thought the cop was a little aggressive. I took those roadside tests and I took the breath test on the side of the road and I took the test at the jail.
I got a pretty high number on the breath test at the jail, which was .179. I know that's high. I mean I haven't had a DUI, but I was researching and I know it's high, more than twice the limit, actually.
But I can't figure out why the test was so high because I was full from dinner. Maybe the breath test got it wrong.
If you eat before drinking won't that stop you from getting drunk?
K.M. in Marietta, GA
Answer: The ability to stop, or at least reduce, alcohol absorption has been a topic of discussion for many years, as well as the focus of a number of articles, books and blog posts.
As a Cobb DUI lawyer, I have heard many people suggest eating things like fatty foods, meats and cheeses before or while drinking. They claim that this can help ensure that the absorption rate of alcohol into the blood stream is minimized. Some people suggest coating the stomach by drinking milk before consuming booze. They say this is an easy and cost-effective way to remain less intoxicated.
But remember that even if these “home remedies” are as effective as some say, they only slow the absorption of alcohol, they don't prevent it totally. So it is certainly wise to have a designated driver for an evening out, and not worry about trying to calculate one's blood alcohol concentration as the night progresses.
Your .179 BAC (blood alcohol concentration) indicates that you are substantially over the DUI per se limit of .08. We would certainly want to review your case, speak with you and gather all relevant evidence. Then we can make recommendations on how you should best proceed.
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