Breath/Blood Alcohol Content

Breath/Blood Alcohol Content (BAC)

Driving while under the influence occurs when a person drives with an alcohol concentration of 0.08 or higher. In a later section you will see it is also driving "under the influence" or "affected by" alcohol or any drug.

A breath alcohol reading of 0.08 is the threshold point for DUI.  Breath or blood alcohol levels will result in different levels of impairment. For example, most people will appear to be completely normal between 0.010 and 0.029 percent; however, the higher the blood alcohol level goes, the more exaggerated the symptoms will become.

What are the effects of different levels of alcohol?

The estimated effects of alcohol at different BAC include:

• 0.030 to 0.059 - Most people will begin to feel euphoric at this level. It is commonly known as being "buzzed" or "tipsy." Other behavior symptoms include general relaxation and decreased inhibition. It may affect concentration but the symptoms are generally unnoticeable.
• 0.06 to 0.09 - This enters the territory of legally intoxicated. Most people will have less acute feelings and will become more extroverted than normal. They will also struggle with their reasoning and judgment skills. Other impairments include depth perception and peripheral vision.
• 0.10 to 0.19 - When an individual reaches this level they will often begin to over-express themselves, resulting in wild emotional swings that run from joy to anger to sadness. Impairments begin to affect reflexes and reaction time, as well as general motor control. Many will stagger or slur their speech.

How much do I have to drink to be "under the influence"?

This is a common question for many people. The truth, however, is that every person is different and they will need to drink different amounts to reach different blood alcohol levels. Progressive.com offers an interactive calculator where you can "estimate" what your blood alcohol level would be depending on several factors - including weight, how many drinks you consumed, how long you were drinking and your gender. For example, if you were a 120 pound female who drank three 12 ounce beers over a one hour period, your BAL is estimated to be at 0.10 percent. If, however, you were a 200 pound male, it would only be at 0.04 percent.

The calculator is based on a formula devised by Dr. Erik Widmark. It is anything but conclusive. It is only a rough estimate of what one's BAC level will be based on time, pattern, and quantity of alcohol over time, as well as body weight, and other factors.

The truth is that if you want to avoid a DUI arrest the only sure fire way is to not drink and drive - ever.

How can we challenge the breath test?

Unfortunately, limiting how much you drink may not always protect you. Sadly, prosecutors file weak DUI cases also. Breath tests can be impeached or suppressed entirely. The same goes for blood results. This is a short list an experienced DUI attorney will focus on, but there are many others not listed here.

• Was the breath test within two hours?
• Did the officer check a person's mouth?
• Was the person fasting, or have diabetes?
• Was mouth alcohol present during the test?
• Was the officer certified to use the BAC machine?
• Was the external standard reading at the required level?
• Was the person providing breath samples ill or feverish?
• Were the breath tests recorded on the central database?
• Were instruments in the filed experiencing error messages?
• Was the external standard simulator the proper temperature?
• Was the machine certified with a Quality Assurance Procedure?
• Were there substances like acetone that caused a false reading?

What about marijuana?

A prosecutor cannot bring DUI charges for marijuana without evidentiary blood draw. The police will have needed to get a search warrant to do so. If the officer did not get a search warrant, or if the search warrant is defective, the results of the marijuana in blood will be suppressed! Even with marijuana in the blood, an experienced DUI lawyer knows how to deal with these cases.

Don't settle for less than the best. Trust our experience. With over 25 years of DUI experience, we know what you are facing, and we are dedicated to ensuring your legal rights are protected to the full extent of the law. We will do everything possible to defend you.