Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Most people have heard that eating before drinking can reduce intoxication, but how does it actually work? Whether you're trying to pace yourself at a social event or you're concerned about DUI laws in California, understanding how food affects your blood alcohol concentration (BAC) is crucial.

Here’s what you need to know about how eating before drinking impacts your BAC and why it matters if you're facing DUI charges.

How Alcohol is Absorbed in the Body

When you consume alcohol, it enters your digestive system, but unlike food, it doesn’t need to be broken down before entering your bloodstream. Instead, alcohol is quickly absorbed through the walls of your stomach and small intestine. Once in your bloodstream, it circulates to your brain, producing the effects of intoxication.

How Food Affects Alcohol Absorption

Eating before drinking slows down alcohol absorption in several ways:

1. Delayed Stomach Emptying

When you eat, your body begins the digestive process, which slows the passage of food (and alcohol) into the small intestine. Since alcohol is absorbed much faster in the small intestine than in the stomach, delaying its arrival in the small intestine reduces the speed of intoxication.

2. Alcohol Breakdown in the Stomach

Your stomach lining contains enzymes, like alcohol dehydrogenase (ADH), that help break down alcohol before it reaches your bloodstream. When your stomach is full, alcohol stays there longer, allowing more time for these enzymes to metabolize it before it enters circulation.

3. Reduced Peak BAC Levels

Studies show that eating before drinking reduces peak BAC levels by up to 40% compared to drinking on an empty stomach. This means that even if you consume the same amount of alcohol, your BAC will be lower if you’ve eaten first.

Does Eating Before Drinking Prevent a DUI?

While eating can slow alcohol absorption, it does not prevent impairment. You can still reach a BAC above the legal limit even if you’ve had a meal before drinking.

In California, it is illegal to drive with a BAC of 0.08% or higher (0.04% for commercial drivers and 0.01% for drivers under 21). If you’re stopped by law enforcement and given a breathalyzer or blood test, your BAC reading will determine whether you’re over the limit—regardless of whether you ate beforehand.

Additionally, California has a DUI “impairment” law, meaning that even if your BAC is below 0.08%, you can still be charged with DUI if an officer believes you are impaired based on your driving, behavior, or field sobriety test results.

How This Information Can Affect a DUI Defense

If you're facing DUI charges, understanding how alcohol absorption works can play a role in your defense. Some potential arguments include:

  • Challenging the Accuracy of BAC Tests – If you consumed alcohol with food, your BAC may rise more slowly, and a delayed test result could misrepresent your actual impairment at the time of driving.
  • Questioning Field Sobriety Tests – If an officer determined impairment based on balance or coordination issues, but food delayed your intoxication, the results may not accurately reflect your BAC level.
  • Medical Conditions Affecting Absorption – Conditions like acid reflux or diabetes can affect alcohol metabolism, potentially leading to false BAC readings.

What to Do If You’re Arrested for DUI

Even if you took precautions like eating before drinking, a DUI arrest can have serious consequences in California, including license suspension, fines, and jail time. If you’re facing charges, don’t fight them alone.

At Law Office of Michael L. Fell, we provide aggressive DUI defense strategies to challenge BAC evidence, breathalyzer accuracy, and police procedures. Call (949) 585-9055 today for a free consultation and learn how we can help protect your rights.