Johnson Bowman Branco, LLPJohnson Bowman Branco, LLP2024-03-08T00:39:41Zhttps://www.johnsonbowman.com/feed/atom/WordPress/wp-content/uploads/sites/1201398/2021/03/cropped-favicon-32x32.pngOn Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=478182024-03-08T00:39:41Z2024-03-08T00:39:41ZIt’s not uncommon for Americans to seek methods to expedite the metabolism of alcohol. After all, it’s easier to avoid impaired driving – and impaired driving charges, by extension – if, after an evening of drinking or a happy hour outing, a motorist can feel truly confident that their blood alcohol concentration (BAC) is below the legal limit. The notion that certain "tricks" or remedies can significantly speed up the process of eliminating alcohol from one's system is widespread. However, understanding the science behind alcohol metabolism ultimately puts these tips and tricks largely to bed, practically speaking.
How alcohol metabolism works
The body metabolizes alcohol at a fairly steady rate. On average, the liver processes one standard drink per hour, with a standard drink defined as 14 grams of pure alcohol—equivalent to 12 ounces of beer, 5 ounces of wine or 1.5 ounces of distilled spirits. This rate can vary slightly based on factors such as weight, gender, age and individual liver health, but no trick or remedy can dramatically increase the liver's ability to metabolize alcohol.Some common myths about speeding up alcohol metabolism include drinking coffee, taking a cold shower or exercising. While these actions might make someone feel more alert, they do not reduce blood alcohol concentration or expedite the elimination of alcohol from the body. Caffeine, for instance, may help with drowsiness but does not affect the metabolism rate of alcohol. Similarly, cold showers or physical activity might momentarily invigorate the senses, but they have no impact on how quickly the liver processes alcohol.Eating food before or while drinking alcohol can slow the absorption rate of alcohol, leading to a slower rise in BAC, but it does not affect how quickly the body metabolizes alcohol once it's in the body. Hydration is crucial for preventing dehydration—a side effect of alcohol consumption—but again, it does not speed up the metabolism of alcohol.The only true remedy for lowering BAC is time. The body needs adequate time to process and eliminate alcohol. Any attempts to circumvent this natural process can lead to misjudgment about one's level of impairment and potentially dangerous decisions, such as assuming it's safe to drive when it’s not. ]]>On Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=478162024-03-07T12:21:50Z2024-03-07T12:21:50Zhow to live in two homes.
Children may look to their parents for help during this adjustment period. Finding ways to support them can minimize the stress that everyone feels due to the nature of such transitions.
Minimize packing
Ideally, the children will have essentials at both homes so they don’t have as much to pack. Not having to worry about packing things like undergarments or toiletries make take some of the stress off them. Then, they can focus on bringing the things they want back and forth.
Plan transportation
Planning transportation carefully is beneficial to the children. Instead of having them wait at one home for a parent to come pick them up, consider having the parent who currently has the children bring them to the other parent. That trip can give them time to get ready for the adjustment.
Set consistent rules
While not all the rules will be the same in both homes, some of the major rules should be the same. These include things like bed time or school-related requirements. The fewer adjustments the kids have to make as they go back and forth between homes, the easier it may be for them to learn how to make the most of their new two-home life.
Parents can turn to their parenting plan to help them provide stability for the children. This plan should contain the parenting time schedule and address other concerns that can help the parents to stay on the same page. Seeking legal guidance as early as possible can better ensure that an effective parenting plan is in place promptly.]]>On Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=478152024-02-20T13:34:00Z2024-02-20T13:34:00ZA driver that’s swerving between lanes, stopping suddenly or running lights could be pulled over by the police under the suspicion of drunk driving. The police may confirm their suspicion by asking the driver questions, but this doesn’t always happen. Alternatively, the police may ask drivers to do a sobriety test.
There are two types of sobriety tests: field sobriety tests and chemical sobriety tests. These tests can help the police gather evidence proving a driver is drunk, but they aren’t always accurate. Here’s what you should know about each:
Are field sobriety tests correct?
A field sobriety test is a physical examination that’s evaluated by the police. There are three standardized field sobriety tests, which include a horizontal gaze nystagmus test, a walk-and-turn test and a one-legged stand test. The police can also ask drivers to perform non-standardized field sobriety tests, such as having a driver touch their toes and repeat sentences back to the police. These tests are not always accurate. The police can only use their best judgment to grade drivers. Medication and disabilities may cause the police to misjudge drivers as drunk.
Are chemical sobriety tests correct?
A chemical sobriety test evaluates a driver’s blood alcohol content (BAC). BAC is the amount of alcohol in the body. There are three chemical sobriety tests: breath, blood and urine. Breath tests are often taken because the police can carry small devices that test a driver’s BAC by using their breath. Out of the three tests, blood tests can be the most accurate. However, each test may still result in inaccurate readings, such as if there is contamination during lab testing. Understanding your rights during a traffic stop can protect you from criminal charges. If arrested, it can help to learn about your legal defense options.
]]>On Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=478002024-02-07T15:26:35Z2024-02-07T15:26:35ZStopping at happy hour after work
Nothing puts a stressful work day behind someone quite as effectively as a perfect drink on the way home. Unfortunately, the choice to stop for a happy hour drink could be a dangerous one. The longer it has been since someone's lunch, the greater the chances that they don't have enough food in their stomach after a long day at work to safely absorb the alcohol in their beverage. Drinking on an empty stomach on the way home from work before dinner could lead to an unexpectedly significant increase in someone's blood alcohol concentration (BAC) and a noticeable impact on their driving ability.
Finishing one for the road
Those preparing to leave a party or end a long night negotiating with business partners might have one last drink before they leave. Frequently, someone may have already ordered a drink when they decide it is time to head home. They might then consume their drink as quickly as possible. The sooner after finishing a drink that someone gets behind the wheel, the more likely their BAC is to continue rising after they leave. Additionally, drinking quickly affects how the body metabolizes alcohol and might lead to a more noticeable degree of impairment than someone might have if they slowly sipped the same drink.
Switching out beverages or bars
Having a sense of adventure can keep life fresh and exciting. However, predictability is key to safety when it comes to alcohol consumption. People need to know how much alcohol is in a beverage and how well they tolerate the drink to make responsible choices. Switching between different types of alcohol, such as going from wine to beer, might make it harder for people to gauge their level of intoxication. Switching to a different bar or restaurant might mean that the drinks are stronger or bigger than what someone usually enjoys. The same number of drinks could lead to them feeling more intoxicated than they might anticipate.
Identifying habits that could increase the risk of a drunk driving arrest may help those trying to comply with traffic laws while enjoying alcohol safely.]]>On Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=477992024-02-07T01:06:13Z2024-02-07T01:06:13ZIf you have ever received a DUI, you likely remember all the emotions that came with it, like fear, anxiety and guilt. And those feelings stay with you long after the fines have been paid.
Even so, some people will go on to receive another DUI. However, being aware of the consequences of subsequent convictions may make others think twice.
The first offense and beyond
In Kentucky, even a first-time DUI offense can result in significant penalties, including:
$200 to $500 fine
2 to 30 days in jail
Mandatory participation in a 90-day substance abuse program
License suspension of 30–120 days
48 hours to 30 days of community service
The penalties for a second DUI offense within ten years of the first are even more severe. A second-time offender could face:
Jail term ranging from seven days to six months
Fines between $350 and $500
Participation in a one-year treatment program
Community service between 7 days and six months
12 to 18-month license suspension
For a third DUI offense within a 10-year period in Kentucky, the penalties include a $500-$1,000 fine:
One to 12 months in jail
Loss of license for two to three years
One year in a substance abuse treatment program
After the third DUI offense, any subsequent DUIs will be considered a Class D felony with the following penalties:
A minimum of 120 days in prison
Five-year license suspension
One year in a substance abuse treatment program
Certain aggravating factors, such as having a minor in the vehicle or causing an accident, will result in imprisonment.The penalties for DUI offenses in Kentucky are designed to be deterrents, and the best way to avoid them is to plan ahead and have a ride home. However, if you are facing a DUI charge, working with someone who can help you navigate the complexities of Kentucky’s judicial process is crucial.]]>On Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=477982024-01-20T01:07:24Z2024-01-20T01:07:24ZPer se infractions are technical violations
A per se statute is a law that makes something a crime in and of itself. In Kentucky, there is a per se limit on someone's blood alcohol concentration (BAC) while in physical control of a vehicle. Anyone with a BAC over the limit could face prosecution regardless of how well they manage their vehicle.
For most drivers, the per se BAC limit is 0.08%. If the driver is in control of a commercial truck, that limit decreases to 0.04%. For underage drivers who cannot legally drink, a BAC of over 0.02% could be enough to justify their arrest and prosecution.
Anyone with a BAC over that limit for their type of license might be at risk of prosecution. However, there are viable defense strategies for those accused of breaking the per se law in Kentucky. For example, they could raise questions about the accuracy of the chemical test results or provide a medical explanation for the failed test. Reviewing the state's case with an attorney can help people better respond to pending DUI charges.]]>On Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=477972024-01-10T15:42:40Z2024-01-10T15:42:40Zsmoother co-parenting journey.
Establish regular updates
Regular updates are vital in co-parenting. Setting a schedule for regular, structured updates about the child's life, such as school progress, health issues or social activities, can help to ensure that both parents are equally involved and informed. This can be done through email, phone calls or face-to-face meetings, depending on what works best for both parties.
Use respectful and clear language
The tone and clarity of communication are as important as the content. Using respectful, precise language is crucial in avoiding negativity or ambiguity. This approach reduces potential misunderstandings and conflicts, promoting a more positive co-parenting relationship.
Develop a mutually agreed-upon plan
Having a mutually agreed-upon plan for significant decisions regarding the child’s upbringing can prevent conflicts. This includes decisions about education, health care and extracurricular activities. Having these discussions in advance and reaching a consensus can ensure smoother implementation and less friction.
Co-parents should ensure they have the terms of their arrangement set in their parenting plan. Terms should all be based on what’s best for the children. Ideally, this will be set as quickly as possible after a split so everyone can adjust to new ways of life as soon as possible.]]>On Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=477962024-01-10T02:27:06Z2024-01-10T02:27:06Znoticeable effects.
Impact of low BAC levels
At the lower end of the spectrum, with BAC levels between 0.02% and 0.05%, drivers begin to experience noticeable changes in their driving abilities. These changes include a slight loss of judgment, relaxation of inhibitions and a minor but significant delay in reaction times. There's also a reduced ability to track moving targets visually. Drivers also have decreased efficiency in performing two tasks at the same time, such as watching the road while adjusting the radio.
Effects at moderate BAC levels
When BAC levels reach moderate ranges, from 0.05% to 0.08%, effects on driving abilities become more pronounced. Coordination declines, which affects the driver's ability to steer or respond quickly to sudden changes in traffic conditions. Judgment and self-control are further impaired. Drivers face challenges in tracking moving objects and responding to more than one stimulus at a time. The risk of accidents increases significantly in this range because drivers are less able to adapt to dynamic driving situations.
Severe impairment at higher BAC levels
At BAC levels of 0.08% and above, drivers experience may severe impairment. This level is considered legally intoxicated and poses substantial risks. Critical effects include decreased muscle coordination, significantly impaired perception, difficulty processing information and short-term memory loss. Drivers may struggle with speed control and have severely delayed reaction times. The ability to detect and respond to driving hazards is critically reduced, leading to a high risk of accidents.
Facing drunk driving charges is a serious matter. Anyone who’s in this position should ensure that they explore their options for a potentially winning defense strategy. Seeking legal guidance is a good way to get started.]]>On Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=477952023-12-27T00:00:23Z2023-12-27T00:00:23Zaccepting a plea deal means there will be no trial, and you will not have the chance to challenge the evidence against you in court or present your case to a jury.
Make an informed decision
It‘s crucial to think through your decision when offered a plea deal. First, weigh the prosecution’s evidence. Is it stacked against you? A solid case might tip the scales in favor of a plea deal. However, going to trial might be more viable if the evidence is flimsy.
Next, consider the consequences of pleading guilty. For starters, you will likely end up with a criminal record for admitting to a criminal offense, which can negatively affect various aspects of your life. For instance, a criminal record can impede job prospects and make obtaining housing more challenging.
It is also essential to understand that once you've accepted the plea deal, the sentence agreed upon is binding. Whether it’s fines, license suspension or other penalties, you can only appeal the court’s verdict under exceptional circumstances.
Whether to accept or reject a plea deal hinges on the unique circumstances and facts of your case. It underscores the need for experienced legal assistance to assess the situation, comprehend the weight of your decision and protect your interests.]]>On Behalf of Johnson Bowman Branco, LLPhttps://www.johnsonbowman.com/?p=477942023-12-08T15:40:44Z2023-12-12T15:39:22ZImplied consent law
The state follows an implied consent law, meaning that drivers automatically consent to chemical testing (breath, blood or urine) if they are arrested for suspected impairment. Law enforcement officials use chemical tests to determine the level of alcohol in the system of a driver they suspect of a DUI offense.
Refusing these tests may result in the immediate suspension of your driver’s license, and the suspension period could be as long as 30 days. Furthermore, refusing a lawfully requested chemical test can come back to bite you. For starters, this can enhance the penalties of a DUI charge; you may expose yourself to a longer minimum mandatory jail time. Additionally, any defendant who refused testing and then got charged with a DUI offense may not plea to a lesser offense.
Kentucky DUI penalties
When a driver gets convicted of driving under the influence, the judge overseeing their case penalizes them within state-determined guidelines. The severity of DUI penalties in the state hinges on the number of prior offenses a driver has had within the past ten years. Please note that even out-of-state DUI convictions will be considered.
Navigating a DUI charge requires an understanding of the legal obligations and potential consequences involved. As a result, seeking legal representation promptly is crucial to building a robust defense strategy.]]>