Blood Alcohol Content
Across the country, it is against the law to operate a motor vehicle while under the influence of alcohol and/or drugs. To determine the driver’s level of intoxication, law enforcement agents may measure the driver’s blood alcohol content (commonly referred to as BAC).BAC testing is considered a more accurate measure of intoxication than field sobriety testing. It is also more reliable than the officer’s “gut feeling” that the driver was impaired. Evidence such as bloodshot eyes and slurred speech may be caused by factors other than intoxication.
The legal BAC in most states is .08 percent for drivers over the age of 21. However, in some states, the legal limit for commercial drivers is .04 percent, while for drivers under the age of 21, the limit is .02 or lower. Drivers with a BAC of .15 percent or higher may be subject to enhanced penalties.
There are three tests that may be used to determine BAC: blood, breath, and urine. Breath tests are most commonly used because the devices used to administer them are portable and the results are immediate. Blood and urine tests must be administered in a medical facility, clinical setting, or detention center and it may take a few days for the test results to arrive.
It is important to note that breath tests are not always accurate when determining BAC. There are certain medical conditions and external factors that may affect the results of the breathalyzer test. For example, acid reflux may inflate the test reading. Mouthwash, gum, and certain tobacco products may also alter the test results.
While refusing to take the BAC test may seem like a good idea, it may often result in more penalties than if you took the test and failed. Many states have an “implied consent” law, which means that if you are driving on the roadway, you agree to comply with any request for BAC testing. A breath test refusal may lead to an automatic license suspension from your state’s DMV.
If you were arrested and charged with drunk driving because your blood alcohol content was over the legal limit, there is still hope. Contact a skilled DUI defense attorney in your area today to discuss your options.
