Under .08% BAC

Under .08% BAC

Behind the .08 Ball
Understanding BAC and the legal limit

DUI/DWI laws are complex and vary from state to state. However, one common thread in every state is that .08% is the legal limit for a person’s blood alcohol content. Period. This percentage refers to an alcohol to blood ratio and every state recognizes this number as an indication that a driver is too impaired to safely operate a motor vehicle. While factors such as a person’s weight and metabolism may affect their blood alcohol content, states have relied on studies that have showed .08% is the average limit when most drivers become too impaired to drive safely. Drivers at or above this limit showed slower reaction times and a decrease in coordination and perception--all critical skills when driving. In fact, these same studies also showed that drivers were 11 times more likely to be involved in an accident when their BAC reached this limit.

Now that you understand what the legal limit is, you also need to know that you can be arrested for “less safe” DUI/DWI if you’re under .08%. This depends on your state’s DUI/DWI laws. One example of this is if you’re a commercial driver. Some states impose a limit of only .04% for commercial drivers, which is well below the legal limit for non-commercial drivers. Another example of how you can be arrested for DUI/DWI if you’re under the legal limit is if you’re under 21. Some states have “zero tolerance” laws, which don’t allow virtually any amount of alcohol (typically around .02%) to be in your system if you’re driving.

In order to determine a person’s BAC, a chemical test must be performed. Typically, a police officer will administer a breath test, which is a portable device that can check a person’s BAC during a traffic stop. However, BAC may also be determined by a urine or blood test. If you have been given a chemical test and were arrested for DUI/DWI, keep reading!

There are many protocols that police are obligated to follow during a DUI/DWI investigation and there are plenty of opportunities for mistakes to be made. But their mistakes could mean your acquittal! It’s imperative that you contact a professional DUI/DWI defense attorney to review your case.

Get a Free Case Evaluation Right Now!