There is no clear answer to how much alcohol you must consume to achieve the legal alcohol limit to drive. However, based on your weight, how much you’ve had to drink, and how long you’ve been drinking, you may guess whether you’re approaching the legal limit in your state (typically 0.08 blood alcohol level). As an example:
If you weigh roughly 100 pounds, you can normally only have one serving of alcohol before over 0.08 and only two servings before exceeding 0.1.
However, a person weighing less than 160 pounds can consume around three servings of alcohol while remaining under the legal driving limit.
A reasonable rule of thumb is that if you drink three servings of alcohol in quick succession, you are most certainly over the legal limit for blood alcohol level when driving or flying.
Your blood alcohol level will also be affected by the amount of time you have spent drinking. If you spread your beverages out over a longer period of time, such as a few hours, your blood alcohol level will be substantially lower than if you had the same amount of drinks in one hour. In general, for every 40 minutes of drinking, deduct 0.01% from your predicted blood alcohol level.
What Is a High BAC?
The term “BAC,” which stands for “blood alcohol content,” refers to the proportion of alcohol found in a person’s bloodstream. A person’s BAC can be determined by providing a medical exam, the results of which notify law enforcement and other state officials as to whether or not you can be charged with drunk driving.
For example, each state has its rules establishing a BAC level that, if exceeded, can result in drunk driving charges. In general, the standard BAC level that must be met before a person can be prosecuted for drunk driving is at least 0.08%. Another popular BAC number is 0.10%, but states can change this percentage as long as it does not fall below a BAC level of 0.08%.
In addition to establishing a baseline BAC percentage, many jurisdictions have imposed supplemental criteria, such as imposing harsher or additional penalties on drunk drivers whose test results reveal an abnormally high amount of BAC in their bloodstream.
Drunk driving with high BAC will almost certainly lead to felony charges, depending on state legislation and the specifics of the driver’s case.
It should be mentioned that being charged with drunk driving with a high BAC is considered more than a simple traffic penalty, and if convicted, you will have a lifelong criminal record. As a result, if you are arrested and accused of drunk driving, you might contact a local DUI/DWI lawyer. A lawyer can explain the potential fines you may face and may be able to mitigate them.
What Constitutes a High BAC Level?
As previously stated, each state has enacted its own rules and requirements governing the punishments for drunk driving offenses, as well as the state guidelines for BAC levels in drunk driving occurrences. Thus, whether a BAC level is regarded as high is determined by the state’s regulations in question.
Generally, the range for a high BAC level is often between 0.15% and 0.20%. Again, a person accused of drunk driving and shown to have a high BAC level may face additional or aggravated punishments if convicted of those counts. In other words, the greater a person’s BAC level, the more likely it is that they will be sentenced harshly.
A driver with a high BAC level will receive a harsher penalty than a driver with a lower BAC level since this number provides more evidence that a person likely committed the offense of driving under the influence or drunk. However, additional elements in a case (e.g., body weight, age, the damage inflicted on individuals or property, and so on) may modify this basic concept.
What Is One Serving of Alcohol?
Keep in mind that the amount of alcohol in 1 serving varies based on the type of drink. For instance, 12 oz. Hard liquor contains significantly more alcohol than a 12 oz. drink, which has a far bigger impact on your blood alcohol level. Generally, the rule is one serving of alcohol is equal to 1 oz. of 100-proof liquor, a 12 oz. beer, or four oz. of table wine.
What Are Some Other Factors that Affect a Person’s Blood Alcohol Level?
Though the number of drinks, the drinker’s weight, and the time between drinks play the most important roles in calculating a person’s blood alcohol level, there are a few more elements to consider:
- Fatigue: Exhaustion can considerably raise a person’s blood alcohol level when they drink. Remember that even if you haven’t had much to drink, weariness, like alcohol, can impair your judgment.
- Medications: Some medications can have negative side effects when combined with alcohol, so read the warning labels on any medications (prescription or over-the-counter) you take. Food: drinking on an empty stomach can significantly increase your blood alcohol level compared to drinking before or while eating.
Are DUI Blood Tests Reliable?
A blood test is more trustworthy than a breathalyzer test since the blood is tested for the precise chemical composition at the moment of the blood sample. Furthermore, breathalyzer tests frequently do not perform adequately or provide erroneous readings, necessitating numerous administrations to verify the results.
However, there are a number of reasons why a blood test may be unreliable, including:
- The blood sample was taken too long after the arrest;
- The blood sample was contaminated by the alcohol swab used before the blood was drawn;
- The blood sample was otherwise contaminated;
- The blood sample was not properly stored or transported; or
- The blood sample was not drawn by an individual qualified to administer a blood test.
Nevertheless, f you have any questions about understanding DUI blood tests, you must consult with an experienced DUI attorney. Contesting the administration or results of a blood test is frequently challenging, especially when blood test results are recognized to be dependable.
Your attorney will advise you on any potential defenses in your case and will represent you in any court appearances. Having an attorney on your side is your greatest bet for a successful conclusion in your case.
Can I Appeal the DUI Blood Test Results?
As previously stated, there are various reasons why an attorney would question the validity of a blood test. Possible difficulties include:
- The blood test administration technique;
- The accuracy of the equipment used to analyze and obtain the blood sample; and
- The arresting officer’s testimony
If the court judges that the cause for the blood test was incorrect or that the proper procedure for giving the test was not followed, the evidence and results of the blood test may be thrown out or suppressed. In other words, the blood test findings could not be utilized to convict someone of DUI.
If I Have Been Arrested for Drunk Driving, What Should I Do?
Contact a criminal defense attorney or a DUI attorney right away. Your attorney will be able to educate you on your rights and assist you with any potential defenses. Keep in mind that the criminal justice system can be complex and confusing, so an attorney can help guide you through it and help you choose the best option for you.
