Breathalyzer
In every state, it's a crime to operate a vehicle with a blood alcohol content of .08% or greater. Under some circumstances, you may be convicted of DUI or a related crime with a lower BAC. As technology advances in breathalyzer testing machines, many law enforcement agencies have portable roadside units that provide results considered reliable enough to be admitted in a DUI prosecution.
Keep in mind this BAC calculator is for illustrative purposes only and is not guaranteed as to its reliability. Do not rely on this calculator for legal advice. Consult a local DUI attorney for information about BAC calculation.
Challenging a Breathalyzer Test
You may have heard that a BAC reading of .08% or greater means an automatic conviction - and in a sense that's true. If the test result is reliable and admissible, a reading of .08% is sufficient for a conviction regardless of whether or not you show other signs of impairment.
However, there are a variety of reasons breathalyzer test results might be subject to challenge in a DUI defense. The machine might be unreliable or might not have been properly maintained. The test may not have been conducted properly, or the evidence may not have been preserved as the state DUI laws require.
A local DUI attorney can discuss your breathalyzer test with you and assess your case for possible weaknesses and challenges. If you have been arrested or charged with a first DUI offense, call 877-349-1311 or fill out a DUI case evaluation form below to connect with a DUI attorney near you today.
*The basic formula for estimating a person's blood-alcohol concentration comes from The National Highway Traffic Safety Administration. Each drink in this calculation assumes a volume of .54 ounces of alcohol (one shot of distilled spirits, a glass of wine, or 12 ounces of beer).
Important Note: There is no blood alcohol calculator that is 100% accurate because of the number of factors that come into play regarding the consumption and reduction (burnoff) rates of different people. Factors include differing metabolism rates, various health issues and the combination of medications that might be taken, drinking frequency, amount of food in the stomach and small intestine and when it was eaten, elapsed time, and others.
Disclaimer: This is in no way purported to be a guideline for how much you can drink and still drive or avoid being arrested! The best policy is don't drink & drive.
