Blood alcohol concentration is a measure of the amount of alcohol in a person’s bloodstream
In California, there are two ways that you can potentially be charged with driving under the influence (DUI). You can be charged with this crime if you are not able to drive as well as a cautious sober person under similar circumstances due to the influence of alcohol and/or drugs. You can also be charged with a DUI if your blood alcohol concentration (BAC) is above the “legal limit.”
BAC is a measure of the amount of alcohol in a person’s blood stream. It is written as a percentage, such as .08%, which represents the grams of alcohol present in every 100 milliliters of a person’s blood. The higher the percentage, the more alcohol a person has in their blood.
Under California law, the legal limit for BAC depends on the driver’s age and the type of vehicle that they are driving at the time:
- Adults (21 and older) driving non-commercial vehicles: .08%
- Drivers of commercial vehicles: .04%
- Taxi, limo and ride-sharing drivers: .04%
- Underage drivers: .05%
If a driver is found to have a BAC at or above the legal limit for their age and the type of vehicle that they are driving, then they will be charged with a DUI.
According to a DUI defense lawyer Riverside, CA, BAC measurements , typically taken via a breath or blood test, are generally considered to be an accurate way to determine alcohol content in the blood. These tests are admissible in court.
A breath test can be administered either before arrest or after arrest. It measures the alcohol present in the deepest part of a person’s lungs, closest to their lung supply. A machine then converts this sample into an equivalent BAC. Importantly, a driver does not have to submit to a pre-arrest breath test unless they are under 21 years of age or currently on DUI probation. After arrest, a driver will either have to submit to a breath or blood test (or face additional penalties for refusal).
A DUI blood test directly measures the alcohol in an individual’s blood. For this reason, it is considered to be the most accurate way to determine BAC, provided that all procedures are followed correctly. Generally, blood tests are preferred because a DUI defense lawyer Riverside, CA can ask that part of the blood sample be preserved for independent testing.
In rare cases, a urine test may be used to measure BAC. However, because it is less accurate than breath or blood tests, it is only used when both breath and blood tests are unavailable or when a person is not capable of taking an available test.
BAC is an important part of many DUI cases, but it is important to remember that you can be arrested for and charged with a California DUI even if your BAC is below the legal limit. If you are not driving in a way that a careful sober person would, a police officer could pull you over and charge you with a DUI. If you plan to drink, consider calling a cab or an Uber or Lyft, or otherwise getting a ride. Even having one or two drinks can put you at risk of a DUI charge.
If you have been charged with a DUI, you will need a skilled DUI defense lawyer Riverside, CA to represent you. The Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
