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Per Se Laws
Under the Legal Limit
What is .08?
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Home
Per Se Laws
Under the Legal Limit
What is .08?
Lawyer Fees
Free Case Evaluation
What is .08?
Even if you’re only somewhat familiar with your state’s DUI laws, you probably know that it is against the law to operate a vehicle with an illegal amount of alcohol in your bloodstream.
Often referred to as blood alcohol concentration, or BAC, an alcohol to blood ratio is used to determine the level of a person’s intoxication. From a legal perspective, a person who has a BAC of 0.08% or higher is considered impaired and is therefore unfit to operate a vehicle—which means he or she can be arrested and charged with DUI. But
what is 0.08%?
Although alcohol affects everyone differently, studies indicate that the majority of individuals show signs of impairment by the time his or her BAC reaches 0.08%. What’s more, these studies show that some of the most important driving tasks—such as steering, changing lanes, and braking—are greatly affected by this impairment.
Unfortunately, as a person’s ability to drive decreases, his or her chances of causing an auto accident increases. In fact, it is estimated that a driver who has a BAC of 0.08% is to 40% to 60%
more likely to be involved in a serious accident
. Likewise, a similar study revealed that operating a vehicle with a BAC between 0.05% and 0.09% is 11 times more likely to wreck than a driver who has no alcohol in his or her system.
Chemical testing is used to determine blood alcohol concentration. In most cases, an officer who suspects a driver is under the influence of alcohol will ask him or her to perform a breathalyzer; however, urine and/or blood tests may be used in certain situations. If the results of the test indicate the driver has an illegal BAC, he or she will most likely be arrested for DUI.
Since alcohol must enter your bloodstream before it leaves your system, the only way to reduce your
blood alcohol concentration
is to give your body enough time to process and remove it. Obviously, the more alcohol you have within a period of time, the higher your BAC will be by the time you stop drinking—and on average, it takes about one hour for your system to process a single alcoholic beverage.
It is important to know that BAC can be affected by a variety of personal factors, such as your weight and metabolism. As a result, it is possible to
receive an inaccurate BAC calculation
. If you were recently arrested for DUI after a chemical test indicated your
blood alcohol concentration
was above the legal limit, you should discuss your case with an attorney immediately.
To determine the best way to challenge your BAC results, contact an experienced DUI defense attorney in your area today.
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