Breath Testing BAC

Although most drivers know that driving under the influence of alcohol (DUI) is against the law, many are unfamiliar with the exact laws surrounding drinking and driving. How much alcohol can you drink and still be legally qualified to drive? Unfortunately, there is no one-size-fits-all answer for this question. In the eyes of the law, anyone whose breath testing BAC (blood alcohol content) results reveal a BAC above 0.08% is considered drunk, and can be charged with DUI.



The amount of alcohol it takes to reach a BAC of 0.08% or higher varies from person to person, and depends on factors such as weight, gender, metabolism rate, and the type of alcohol you were drinking. For example, a person who weighs 200 pounds can have more drinks than a person who weighs 150 pounds. The same is true for gender—if a man has two drinks, his BAC will most likely be lower than a woman who consumes the same amount of alcohol.

The amount of alcohol in your drink can also influence your BAC level. Certain alcoholic beverages, such as vodka, gin, and other liquors, contain a much higher concentration of alcohol than beer or wine, for instance. As a result, a person who drinks two beers may have a lower BAC than a person who has just one mixed cocktail or even a small “shot” of liquor.

Because breath testing BAC tests do not take these types of personal factors into consideration, you may have an illegal BAC—even if you do not feel drunk. Indeed, many drivers charged with DUI are shocked to learn their BAC is above the legal limit, since they do not show or feel any other signs of intoxication. Nevertheless, failing to realize your blood alcohol content is above 0.08% is not a valid defense for your DUI charge.

Fortunately, there are many other possible defenses that can be used to challenge your breath testing BAC results. First, the police officer who pulled you over must prove that he or she had probable cause to suspect you were driving under the influence. After the initial stop, the officer must once again prove that he or she had probable cause to arrest you for DUI. In most cases, the officer will use evidence from field sobriety tests (the infamous one-leg stand and walking a straight line exercises), as well as his or her own observations, and/or portable breath test results, to establish reasonable cause for your arrest.

Due to their subjectivity, the results of field sobriety test can often be challenged in court. Portable breath test results are also inadmissible. In addition, if the breath test was not administered correctly, or the device that was used was not maintained properly, the charges against you may be dropped. Similarly, if the officer failed to advise you of your Miranda rights, the charges against will not hold up in court.

To fight your breath test results, it is important to obtain legal representation. An experienced attorney will be well-versed in the ins and outs of DUI laws in your state, and have the knowledge to ensure your rights are upheld. Make sure you have the skilled legal counsel you deserve. Contact a DUI attorney in your area today to discuss your case.