Blood alcohol content or BAC is a metric the government uses to determine how much alcohol someone has in his or her system. If a person’s BAC is .08 and above, the police and the justice system will label the person as impaired by alcohol and can charge them with Driving Under the Influence.
.08 Isn’t The Only Number You Need to Know
.08 is the legal limit and is often presented as the line around which DUI’s are built. People believe that if someone’s BAC is .08 and above they will be convicted, and if it is .07 and below there is no issue. This is not necessarily true.
- At .08 and above, it will be deemed impairment and there can be no argument against that ruling.
- At .07, impairment is still assumed and the defense must prove that the driver was not impaired.
- At .06, impairment is not assumed but sobriety is also not assumed. If the prosecution can prove impairment with field tests, a conviction is likely.
- At .05 and below it becomes very difficult for the state to prove impairment.
A Defense That Knows the Limits
If you or someone you know has been charged with a DUI with a BAC below .08, it is important to get legal help as soon as possible. At Robinson and Associates, we a re experienced with DUI law and cases. We understand the ins and outs of BAC readings, and can build an argument against your impairment.
Contact us online today to schedule a free appointment or phone call to discuss your case and begin building your defense.