Will ice cream play a role in Califonia DWIs?

The consequences for a DWI in California can be steep. Consequences range from drivers license suspension to time in jail, and residents know that a DUI or DWI charge can occur when only a drink or two was consumed with dinner. There are companies making alcohol-laden foods, which brings up questions about food items that could trigger a DUI charge if they are eaten prior to driving. In another state, legislators are currently debating similar issues regarding ice cream that includes alcohol content.

According to the manufacturer, the ice cream in question ranges from .65 percent alcohol to 2.81 percent alcohol. A spokesperson said that it’s unlikely someone would get drunk from the ice cream; so much of the product would have to be imbibed that brain freeze or other issues would stop the consuming prior to impairment. On the other hand, it’s true that individual tolerance for alcohol varies widely, and eating ice cream with alcohol in it could impact performance on Breathalyzer and blood tests if pulled over.

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The Law Offices of Michael L. Davidson
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San Mateo Law Office