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BAC Tag

07 May
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Utah’s Strict New BAC Law Indicates Trend of Stronger DUI Enforcement

Posted by Clint
in Blog

Utah’s new law lowering the legal BAC limit from 0.08 to 0.05 indicates a general trend of stronger DUI enforcement in the United States. While Oklahoma’s BAC limit is still 0.08, at least one other state besides Utah has begun cracking down on DUI drivers too. Utah has one of the lowest rates of alcohol-related traffic deaths in the United States, probably due to its strict limits on alcohol purchase and consumption. The state has laws that limit the strength of beer and ban individuals from importing and transporting alcohol into Utah from another state. Utah drunk driving rates, though, remain...

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28 March
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Blood Alcohol Concentration (BAC) and DUI

Posted by Clint
in Blog
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...

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07 February
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Yet More Problems with Breathalyzers: Latest Updates

Posted by Clint
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Yet More Problems with Breathalyzers: Latest Updates

Yet more problems with breathalyzers have emerged in recent news reports from Massachusetts. The stories reveal two different, but sadly common, issues facing defense lawyers and their clients with DUI charges. Improper Calibration of Breathalyzers First, improper calibration of breathalyzers dating all the way back to 2011 was discovered by a group of defense lawyers starting back in 2015. The lawyers learned that the specific model of breathalyzer used by the police was not calibrated to the proper range, affecting the expected margin of error for the devices. This range is narrower than in other states, and the police had not...

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08 November
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Random Breath Testing Devices: What You Need to Know

Posted by Clint
in Blog
Random Breath Testing Devices: What You Need to Know

If you pled guilty to a DUI or took a plea deal, the court may require you to do random breath testing using a special device. The device is similar to a breathalyzer that you use at home or at a probation supervisor’s office. Like an ignition interlock device or alcohol monitoring bracelet, it detects alcohol usage in an effort to stop repeat DUIs. How Does a Random Breath Testing Device Work? These devices are very similar to a breathalyzer, except that they often have identity verification features. For example, some random breath testing devices have voice recognition, facial recognition, or picture...

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22 June
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Boating Under the Influence Is a Crime in Oklahoma

Posted by Clint
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Boating Under the Influence Is a Crime in Oklahoma

Yes, boating under the influence of alcohol or CDS is a crime in Oklahoma. Most people are familiar with DUIs when driving cars and trucks on the road, but fewer know about Oklahoma’s “BUI” law. Using the threat of boating under the influence charges, law enforcement have cracked down on consumption of alcohol near waterways in recent years. The boating under the influence law prohibits boat operators from having a blood alcohol concentration (BAC) of 0.08 or more. In 2011, the BAC limit went from 0.10 to 0.08. The boat operator must be aboard the boat and have a BAC over...

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28 March
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New Report Recommends 0.05 BAC Limit

Posted by Clint
in Blog

A new report encourages states to adopt a 0.05 blood alcohol concentration limit for drivers accused of driving under the influence. In a study sponsored by the National Highway Traffic Safety Administration, a non-profit group called the National Academies of Sciences, Engineering, and Medicine examined drunk driving fatalities over the past 30 years and the costs associated with enforcement of DUI laws. The National Academies concluded that lowering the BAC limit – making it easier for drivers to be arrested – and changing a host of strategies for combatting drunk driving would lower fatalities. This latest report is far from the...

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23 February
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The Science Behind Blood Alcohol Urine Tests

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The Science Behind Blood Alcohol Urine Tests

Along with breath and blood tests, urine tests can be used by law enforcement officers to measure blood alcohol levels. Scientists have found that urine tests inaccurately measure concentrations of ethanol, but they do show whether alcohol is present. Urine tests can be unreliable for a number of other reasons, but law enforcement continues to use them as an alternative to the more typical breath and blood tests. Urine tests also can show the presence of other drugs besides alcohol. Like for blood testing, laboratories use gas chromatography-mass spectrometry (GC-MS) to detect ethanol levels in urine. Technicians run a sample through...

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13 October
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There Is No Reliable Test for DUI Marijuana

Posted by Clint
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There Is No Reliable Test for DUI Marijuana

It’s true: there is no reliable test for DUI marijuana. While police can observe drivers for signs of impairment, no blood or breath test can show accurately whether a person is so impaired by marijuana as to make driving unsafe. The reason marijuana concentration in the body cannot be tested reliably lies in science. The ethanol in alcohol dissolves in water, and human bodies are mostly water. Ethanol concentration in the body reduces quickly over time. In contrast, the THC in marijuana is fat-soluble and does not dissolve in water. It can remain in the body for weeks. A recent study...

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07 August
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The Oklahoma Aggravated DUI

Posted by Clint
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The Oklahoma Aggravated DUI

Oklahoma law includes a criminal charge for aggravated driving under the influence, which carries additional penalties and fines to a standard DUI charge. You may be charged with an aggravated DUI if your breath or blood test shows a blood alcohol concentration of 0.15 or more. Like the standard DUI charge, aggravated DUI is a misdemeanor punishable by ten days to one year in jail for a first offense and a fine of up to $1,000 if the case is pursued in state court. 47 O.S. § 11-902(C). In addition, a person convicted of an aggravated DUI will be sentenced to...

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