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The results of a urine/blood test or breathalyzer will mostly determine the charges that will be brought against you for a DUI and the sentencing that you will face.
The blood alcohol concentration, or BAC, is a measure of the amount of alcohol in your blood stream. More specifically, it is a percentage measure of either:
There are a number of different factors that can affect one’s BAC level. For example, if a group of people with varying sexes and body weights in a room were to have one shot of hard liquor each, that does not translate to everyone in that room having the same BAC. Your BAC is also reliant upon the type of drink had, at what quantity it was consumed, and over what period of time. For example, while a drink like beer may have a 4% to a 5% alcohol content level, liquors such as vodka or gin can have ABV’s (alcohol by volume) of around 40%. It should also be noted that mixing alcoholic beverages with prescription drugs or recreational drugs may dangerously increase your level of intoxication. In addition, if the operator of the vehicle is under the age of 21, then they can get charged with a DUI for having a BAC of over 0.01%.
In Anaheim, as in the rest of California, driving with a BAC of over 0.08% amounts to a DUI offense (driving under the influence). At 0.08% blood alcohol concentration, it is the level at which one’s muscle coordination and therefore, driving skills, are impaired. As your BAC level increases, so does the impairment of one’s speech, coordination, judgement, and the danger of alcohol poisoning, which has the potential to be life-threatening. Driving while having a BAC of 0.08% for drivers, or above 0.04% for commercial drivers, is dangerous not only to you, as the operator of a vehicle, but also for those around you.
BAC and defense of the DUI offenseIt’s important to note that California DUI laws relate to a BAC at the time of driving and not at the time of testing. This makes for a huge variation that is sometimes difficult to prove.
If you are tested and found to have a BAC of 0.08%, the court assumes (unless it’s proved otherwise) that you are intoxicated. This is the so-called ‘per-se’ offense, and is part of the proof required to convict you of a DUI.
That being said, the tests used to make a determination for BAC (especially the breath tests) can sometimes be quite unreliable. If you have a DUI attorney who has knowledge in the science behind BAC analysis, you can contest and win the DUI charges brought against you.
Additionally, your attorney could also argue about your individual tolerance for alcohol. Although tolerance may not be an issue for the per-se offense, it will be quite relevant for a DUI offense. Call Johnson Criminal Law Group today about your DUI charges.