Blood Alcohol Level & DUI

How One's Blood Alcohol Level Is Calculated

There are many ways that a person's BAL may be tested. Many law enforcement officers will take a preliminary step involving field sobriety tests; however, this is only an estimate. More accurate forms of blood alcohol testing involve chemical tests such as breath or blood tests. Even these are not flawless; there are many ways a DUI attorney can challenge them.

For example, the following may be asked about the breath test:

• Did the defendant take a deep breath from the lungs?
• Was the machine properly calibrated?
• Was the test administered during the absorptive phase?
• Was mouth alcohol present during the test?
• Did the defendant have diabetes?

A positive answer to any of the above questions could mean that the breath test returned a faulty reading, which should not count in court. 

Similarly, a defense lawyer could attack the prosecution's case regarding a blood test. Although considered accurate, there are still errors that can be made that affect the overall result. If the blood was not correctly stored, did not have the correct amount of anticoagulants or preservatives in the vial, was not inverted following the draw, was not refrigerated, or was not properly labeled, it could be challenged. Even something as simple as swabbing the draw spot with an alcohol-based cleanser could result in faulty readings.

What Does It Take for a Person to Be Legally Drunk?

This is a common question, but the truth is that every person is different. 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.

If you were a 120-pound female who drank three 12 ounce beers over one hour, your BAL is estimated at 0.10 percent. However, if you were a 200-pound male, it would only be at 0.04. The calculator is based on a formula provided by the NHTSA, but it is not conclusive. It is only used to demonstrate how different people will be affected by alcohol. 

There is no concrete evidence of how much a person must drink to be considered legally drunk or “under the influence.” 

If you want to avoid a DUI, the only surefire way is not to drink and drive — ever. Unfortunately, even that may not always be enough to protect you. False arrests or wrongful accusations can happen. Regardless of whether you have been wrongfully charged or if you are facing charges that are not proportional to the offense, we may be able to help. 

Blood Alcohol Content & RIDR Sanctions

If a person is charged with their first DUI, they may be eligible for the Reducing Impaired Driving Recidivism (RIDR) program. A person’s eligibility is dependent on their BAC percentage. If they blow over a 0.20 or higher BAC, they will not be eligible for RIDR.