At a blood alcohol concentration of .08, the risk of a vehicle crash rises. Driving with a BAC above this number puts you on the wrong side of the law anywhere in America.
Calculating BAC legal limits will keep you from running afoul of a traffic cop. Before you drive home from a night on the town, you need to know how those martinis will affect your driving.
If you’re looking for a clear explanation of blood alcohol concentration limits, we’ll walk you through everything. Keep reading for more on impaired driving law.
What Is BAC?
Blood alcohol concentration or blood alcohol content refers to the amount of alcohol you have compared to the amount of blood you have. It refers to grams per 100 mL of blood, making it a percentage. A BAC of .08 indicates you have a little under a tenth of a gram of alcohol in your bloodstream per 100 mL.
Calculating BAC Legal Limits
When setting BAC limits for a DUI conviction, states look at the statistics. In every state but Utah, including Florida, the legal limit stands at .08. This translates to about two to three drinks for a 160-pound adult, depending on how much time passes after the first drink.
Your body processes alcohol out of your bloodstream through the liver and kidneys. About .015 grams of alcohol leave your bloodstream through urine, sweat, and breathing per hour. If you stick to one standard drink per hour, your blood alcohol level will remain low.
The Other BAC Numbers You Should Know
While a blood alcohol content of .08 will reduce the need for DUI legal assistance in Florida, another number you should keep in mind is .40. A blood alcohol concentration of .40 or higher elevates your risk of death from acute alcohol poisoning. At numbers like these, breathing slows and your risk of respiratory failure increases.
In between these two points falls .15. A BAC of .15 or higher can up your DUI to an aggravated DUI even if you don’t cause a traffic accident or ride with a child. If you blow a .15 on a test, look for legal BAC advice as soon as possible.
BAC Myths and Half-Truths
If you don’t serve as a police officer or BAC levels attorney, you may have some misinformation in your head about blood alcohol levels. Many people share folk myths or older laws as if they stood true today.
Myth: Low Levels Don’t Affect Driving
Legal liability and potential effects don’t always line up. While a blood alcohol level lower than .08 reduces your risk of legal issues, a concentration as low as .02 can have adverse effects on driving. If a cop feels your driving represents a risk, you can still face legal challenges, though the prosecution must prove impairment in this case.
The ideal driver hasn’t had any drinks. For this reason, most people plan their path home ahead of time. Bringing a designated driver or calling a taxi will keep you safe and on the right side of the law.
Myth: You Can Sober Up Faster
Your body will eliminate alcohol at the rate it can do so irrespective of anything you do. Stimulants like coffee, energy drinks, or cigarettes do not eliminate alcohol from your body. A cold shower won’t help either.
Myth: Putting Things in Your Mouth
Many myths about BAC involve putting something in your mouth to beat the breathalyzer. Gum, mints, pennies, batteries, and mouthwash comprise the usual suspects in this myth.
None of them work. Some even cause false positives.
Half-Truth: Food Helps
Food and BAC have a complex relationship. Eating while drinking slows the rate of absorption, leading to lower peaks. If you’ve already had drinks on an empty stomach, though, that burrito combo won’t help you.
Seeking Legal Help
If you blow a .08 on a breathalyzer test, you may feel like you have no recourse. The number dooms you to a DUI conviction and the significant changes that will cause in your life. Why hire a drunk-driving defense attorney?
Don’t trick yourself into giving up. A good attorney can still help. Even if you get convicted, a well-handled DUI case can still reduce long-term issues.
Judge Attitude
Judges see many DUI defendants who try to represent themselves and end up wasting the court’s time. Having an upset judge can lead to worse consequences if you make an uninformed challenge to your BAC.
DUI attorneys may also have experience with the judge assigned to your case. They will help you present the best version of yourself to that judge.
Avoiding Self-Incrimination
Insurance companies and prosecutors may encourage you to admit liability. Reporting your BAC to these parties could put you in a worse situation. An attorney can help you navigate these conversations without putting yourself at further risk.
Challenging the Test
Many drivers want to challenge the test itself. Even if the breathalyzer test indicates a blood alcohol level of .08, that number could seem suspect in court. A lawyer can help you challenge the test.
Maintenance Requirements
Law enforcement institutions must perform regular calibration and maintenance on breathalyzer equipment. If the organization hasn’t performed the necessary maintenance, the test might not stand in court.
This can turn an aggravated DUI into a lesser offense or get you out of a DUI conviction. It places an additional burden on the prosecution.
Medical Issues
Some medical conditions that affect the gastrointestinal tract affect your breathalyzer results. If you have a condition that brings air and fluid up from your stomach, such as gastroesophageal reflux disease (GERD), your results will shift.
Even burping can affect a breathalyzer. Before issuing the test, an officer should observe the test subject for 10 minutes and ensure no burping or vomiting occurs. An officer who fails to follow this procedure could see the results of their breathalyzer test challenged.
A Calculated Risk
Calculating BAC legal limits for summary DUI convictions and DUI enhancements can change the course of your life. A higher BAC can make a court case harder. Always contact an attorney, no matter how hopeless you think your case could get.
If you ran afoul of a traffic cop, we can help you. At RHINO Lawyers, we have decades of legal experience and speak both English and Spanish. Contact us today to get a free case review for your Florida traffic case.
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