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High BAC Level and Associated Strict Penalties

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High BAC Level and Associated Strict Penalties

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In the United States, alcohol is one of the leading causes of traffic fatalities. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving claims the lives of 28 people every day, or roughly one person every 52 minutes. In other words, drunk driving claims over 10,000 lives annually.

Driving under the influence of alcohol has potentially fatal consequences. As a result, every state in America considers it illegal to operate a vehicle while under the influence of alcohol at a certain BAC level.

What is Blood Alcohol Concentration?

Blood Alcohol Concentration (BAC) is the alcohol percentage measurement in the bloodstream after consuming an alcoholic drink. The effects of alcohol depend more on the BAC instead of the exact amount of alcohol consumed.

When someone consumes an alcoholic beverage, the stomach and small intestines absorb the alcohol into the bloodstream. Because alcohol is toxic to the body, the liver metabolizes it to filter it out of the blood. However, if someone consumes alcohol faster than their liver can process the alcohol, the BAC of the person will rise. 

As a result, individuals who consume alcohol may experience the symptoms of intoxication, also known as drunkenness. Therefore, higher Blood Alcohol Concentrations result from consuming more alcohol in a shorter time. In general, the liver can process one alcoholic drink per hour.

Measurement of BAC and the Legal Limit for Driving

Blood Alcohol Concentration Levels can be measured using Blood tests or breathalyzer tests. Breathalyzers provide quick results, and police often use them on individuals suspected of driving while drunk. However, the accuracy of this method is not as high as that of determining blood alcohol concentration levels using blood tests. 

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Every state has established a specific BAC level as the legal limit for driving. Every state but Utah has set a BAC level of 0.08 percent as the limit that renders a person legally incapable of operating a car. In Utah, the BAC level of 0.05 percent is the legal limit at which it is unlawful to operate a motor vehicle.

Factors Affecting the Blood Alcohol Concentration Level

The BAC level of everyone tends to increase after consuming alcohol, but the rate at which it increases varies significantly from person to person. The reason why BAC levels vary among individuals is due to the following factors:

#1. Consumption Rate

The faster someone consumes alcohol, the quicker the rise of their BAC and, in turn, the more quickly the person becomes intoxicated. The liver, which the body uses to break down alcohol, can only do so at a rate of one drink per hour for a standard drink.

But when that rate is exceeded, more alcohol filters into the bloodstream, hastening intoxication. Therefore, anyone who consumes more than one alcoholic standard drink per hour experiences an increase in BAC. The reason is that the alcohol comes in faster than the liver can metabolize.

#2. Body Weight and Food Intake 

The amount of water in one’s body increases with weight. After consuming the same amount of alcoholic drink, an individual who weighs more will have a lower BAC level than an individual who weighs less. This is because water dilutes the alcohol and can also lower BAC levels.

Furthermore, food intake is another factor affecting BAC levels. An individual without food in their stomach or intestines would have a higher BAC than a comparable individual who has eaten. The reason is that when food is present in the digestive system, the alcohol absorption rate slows down in the bloodstream.

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Other Factors affecting the Blood Alcohol Concentration level include mood or fatigue level, drink type, and medications taken. The hormone level of an individual can also affect their BAC level.

The Effects of Different Blood Alcohol Content (BAC) Levels on Driving

Different BAC levels have an impact on driving skills. Some of these BAC levels and how they affect driving abilities are as follows:

  • BAC of 0.02 percent: Inability to multitask, lack of judgment, increased relaxation, a slight increase in body temperature, mood swings, and decreased visual functionality
  • BAC of 0.05 percent: Increased lack of judgment, reduced ability to detect moving objects, exaggerated behavior, lack of coordination, inattention, lack of inhibitions, decreased small-muscle control, and reduced response rate
  • BAC of 0.08 percent: Reduced muscle coordination, lack of self-control, lack of reasoning, lack of judgment, loss of short-term memory, reduced concentration, lack of speed control, and a diminished ability to process information
  • BAC of 0.10 percent: Slurred speech, poor coordination, slowed reaction times, decreased control of the vehicle, and decreased ability to keep the car in its lane and brake when necessary
  • BAC of 0.15 percent: Severe loss of balance, vomiting, impairment in processing visual and auditory information, nearly zero muscle control, and significantly reduced attention to driving tasks

What Is Considered a High BAC Level and Its Penalties?

Generally, a BAC of 0.15 percent or higher is considered high. A person found guilty of the charges of drunk driving with a high BAC level could face additional or harsher legal punishments. 

In other words, the higher the BAC level, the higher the likelihood that the individual will face a harsher sentence. However, the penalties for driving when intoxicated vary from state to state.

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Harsher Penalties for DUIs with a High BAC

Research has shown a strong link between high BAC levels and traffic fatalities. As a result, many states now have stricter punishments for driving with a high BAC. For instance, a driver in New York can be charged with a misdemeanor if their blood alcohol level is 0.18 percent or higher. 

Receiving a second DWI can lead to a class E felony. A conviction for a high BAC DWI may result in fines of up to 5,000 dollars and up to 4 years in jail. It can also result in a driving license suspension of 18 months.

Third-time offenders with a high BAC (0.18 percent or higher) can face fines of up to $10,000. The driver might face jail time of up to 7 years and a driving license suspension. Also, installation of an ignition interlock device and completion of DUI education will be required to regain driving privileges.

Bottom Line

Drunk driving comes with many consequences, ranging from DUI charges that can result in jail time and fines to injuries, vehicle damage, and even fatalities. If you have been arrested for drunk driving, do not face these charges on your own. Get in touch with a skilled criminal attorney to discuss your defense options.

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