Blood Alcohol Concentration (BAC) and DUI

Blood alcohol concentration (BAC) greatly affects driving under the influence (DUI) or driving while impaired (DWI) charges. If you have been arrested for one of these charges, you should understand why BAC matters.

What Is Blood Alcohol Concentration?

BAC refers to the percentage of alcohol in a person’s blood stream. Specifically, BAC measures ethyl alcohol or ethanol. If someone has a BAC of 0.10, this means that the person’s blood supply contains one part alcohol per every 1000 parts blood.

When someone is arrested for DUI or DWI, the police do a breath or blood test. Both tests are supposed to measure the person’s BAC, although they are not always completely accurate. Breathalyzers in particular have some notable flaws, including miscalibration, improper maintenance procedures, and more.

What Does BAC Have to Do with DUI?

Under Oklahoma law, someone can be charged with DUI if he or she has a BAC that is 0.08 or higher. A very high BAC (0.15 or higher) may lead to an aggravated DUI charge.

In addition, police can charge a driver with DWI if he or she either:

• Has a BAC between 0.05 and 0.08 leading to impairment, or
• Is under the influence of any intoxicating substance other than alcohol.

47 O.S. § 11-902; 47 O.S. § 761. In other words, the BAC reading is a big factor in whether a driver is charged with a crime or not, and what that crime is. Police can arrest a driver regardless of the BAC reading, though, if police believe that the driver was impaired enough to affect his or her ability to operate a car.

If you were pulled over while driving and took a breath or blood test, you may have been charged with DUI or DWI as a result. A lawyer can help you challenge the charges and potentially get your license back, but you need to act quickly. Seek legal help today.

If you are facing DUI charges, seek out an attorney who knows the Oklahoma criminal law system inside and out. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.