Blood Alcohol Content
In this section of Total DUI, you will learn about:
- Blood Alcohol Content and Your DUI Case;
- the Specifics of Blood Alcohol Content;
- How Blood Alcohol Content Is Measured; and
- Whether Your Blood Alcohol Content Is High Enough to Be Serious?
Your DUI Case Will Turn On Your Blood Alcohol Content
The central issue in almost every DUI case is whether your blood alcohol content (BAC) is equal to or greater to than the statutory minimum. In other words, if your blood alcohol content is above this minimum, you are considered legally intoxicated and subject to DUI/DWI penalties. In the United States, every state has a DUI/DWI statute that sets the legal BAC threshold at .08 percent.
What is Blood Alcohol Content?
What exactly is your BAC? Simply put, it is the amount of alcohol in your blood. A BAC test actually measures the weight of alcohol in a certain volume of your blood, expressed as a percentage. The greater the level of alcohol in your blood, the more your driving will be impaired. In fact, although most state DUI laws provide that a blood alcohol content of .08 percent is the level at which you are considered legally intoxicated, some studies conclude that a blood alcohol content as low as .02 affects your ability to drive and increases the likelihood of an accident. The probability of a crash begins to increase significantly at a blood alcohol content of .05 percent and climbs rapidly above .08 percent.
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How Is My Blood Alcohol Content Measured?
Your BAC is usually determined by breath, blood, saliva or urine testing, which is typically performed shortly after you're stopped for suspicion of DUI. Although police officers often use various field sobriety tests once you're stopped for DUI, this type of test only tests your reflexes and abilities not your BAC. In fact, if you fail a field sobriety test, you can still be convicted of a DUI offense even if your BAC is below .08.
Blood testing is the most accurate method to determine your BAC. Blood testing usually involves the drawing of your blood by a doctor or other qualified medical professional.
Breath testing by the use of a breathalyzer is the most common type of blood alcohol test performed by law enforcement officials. A breathalyzer measures the alcohol level in your breath from the lungs.
To learn more about breathalyzers, take a look at our breathalyzer page.
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How Can I Tell If My Blood Alcohol Content Is High Enough To Get Me In Trouble?
Obviously, the only way to accurately determine your BAC is to take a breath, blood, urine, or other chemical test. However, there are some general rules of thumb that allow you to estimate what your BAC is depending on your weight and how much alcohol you have ingested. An average 170-pound man must have more than four drinks in one hour on an empty stomach to reach a .08 percent BAC. A 137-pound woman would reach .08 BAC after about three drinks in an hour on an empty stomach.
Please understand, however, that these figures are rough estimates. Depending on your weight, your metabolism, how much you've eaten, and other factors, you may be legally intoxicated even if you have fewer drinks in your system than the average man or woman could legally handle. Accordingly, although we urge you never to drink and drive, don't rely on these rough estimates should you choose to drive with alcohol in your system.
There are also home breathalyzer kits that allow you to measure your own BAC. Again, these tests can be highly inaccurate, and we don't encourage you to rely on them.
Although .08 percent BAC is now the law in all 50 states, there are even lower thresholds for younger drivers in some states. In fact, in tough states like Illinois, there is a "zero tolerance" policy for drivers under the age of 21. In other words, if you are under 21 and have any level of alcohol in your blood, even .01 percent, you are subject to a DUI or DWI conviction.
If you have a DUI case pending against you, don't delay. Call one of our experienced drunk driving attorneys on our 24-hour toll-free hotline at 1 (877) 349-1311 to speak to someone immediately.
You can also take our free, online case assessment. Simply enter some details about your DUI arrest or case in our secure online form and we'll get back to you shortly to provide you with a reasonable fee estimate and to discuss the possibility of our representing you.
Interested in learning more about blood alcohol content in the meantime? Have questions about breathalyzer machines and possible penalties for refusing a breath test? Check out our More Breathalyzer Info page for a wide variety of information and articles on breathalyzers and BAC.