Blood Alcohol Content (BAC) & The Alcohol Influence Report

Blood Alcohol Content (BAC) & The Alcohol Influence Report

So you got pulled over and the officer thinks you’ve had one too many drinks. Now you’re looking at a DUI. Not cool. Let’s break down what’s happening here so you understand the charges.

First up: Blood Alcohol Content, or BAC. This refers to the percentage of alcohol in your bloodstream. In the US, the legal limit for driving is 0.08%. If your BAC is 0.08% or above, you can be charged with a DUI. Here’s a rough guide to BAC levels:

• 0.02%-0.03%: Mild euphoria and loss of shyness. Depressant effects are not apparent.
• 0.04%-0.06%: Feeling of wellbeing, relaxation, lower anxiety. Some minor impairment of reasoning and memory. Euphoria.
• 0.07%-0.09%: Slight impairment of balance, speech, vision, reaction time, and hearing. Euphoria. Judgment and self-control are reduced. Caution, reason and memory are impaired.
• 0.10%-0.125%: Significant impairment of motor coordination and loss of good judgement. Speech may be slurred, balance, vision, reaction time and hearing will be impaired. Euphoria.
• 0.13%-0.15%: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria begins to appear.
• 0.16%-0.20%: Dysphoria predominates, nausea may appear. The drinker has the appearance of a “sloppy drunk”.
• 0.25%: Needs assistance in walking. Total mental confusion. Dysphoria with nausea and some vomiting.
• 0.30%: Loss of consciousness.
• 0.40%+: Onset of coma, possible death due to respiratory arrest.

So as you can see, even at 0.08% your motor skills and judgement are definitely impaired. No bueno for driving.

Now, how does the officer determine your BAC? There’s a few methods:

• Breathalyzer: This is the classic blow-into-the-tube roadside test. It estimates your BAC by measuring alcohol content in your breath. Pretty simple and quick.
• Blood test: Most accurate test. A blood sample is taken and analyzed for BAC. But it takes time to get results, so this may happen after you’re arrested.
• Urine test: Can also precisely measure BAC but takes time like a blood draw. More common in DUI investigations after an arrest.
• Field sobriety tests: No equipment needed here. The officer looks for visible signs of impairment through balance and coordination tests like walk-and-turn and one-leg stand. Can be subjective so breath or blood tests usually follow to confirm.

Okay, so the officer determines you’re over the limit and arrests you. Back at the station, they’ll take your fingerprints, mugshot, and confiscate your license. Fun times.

Now let’s talk about what happens next. The police will put together something called an Alcohol Influence Report. This details the evidence about your intoxication level and the DUI allegations.

Here’s what’s typically included:

• Your identifying information
• Date, time and location of the traffic stop
• Observations about your appearance, behavior, speech
• Results of any sobriety tests administered
• Breathalyzer or blood test results showing your BAC
• The traffic violations that led to the stop
• Whether there was an accident involved
• Notes about any damage or injuries from an accident
• Description of your performance on any sobriety tests
• The arresting officer’s certification to administer sobriety tests
• Details on whether you refused any tests (which can be used against you)
• Documentation about the calibration and working order of any devices like the breathalyzer
• Witness statements

Basically, they’re gathering anything and everything to show you were impaired and over the legal limit when driving.

This report goes to the prosecutor handling your DUI case. They use it to build charges against you. The Alcohol Influence Report provides compelling evidence about your intoxication level and guilt.

Your defense attorney will also review the report closely, looking for any holes to challenge the allegations. For example, maybe the breathalyzer wasn’t properly calibrated. Or the officer didn’t follow standard procedures on the field sobriety tests.

A strong defense relies on finding issues with the procedures and evidence collection. But if everything was done by the book, it can be tough to fight the charges. The blood or breath test results carry a lot of weight in showing your BAC over 0.08%.

Now for some defenses that could work:

• You weren’t actually driving. Maybe you pulled over to sleep it off in the backseat but left the car in drive. R v. Toews
• The breathalyzer test was inaccurate due to medical conditions like diabetes or acid reflux. People v. Vangelder
• The blood draw wasn’t done properly and resulted in a falsely high BAC. State v. Erickson
• You drank after the crash, so your BAC was lower while driving. Com. v. Barud
• The officer didn’t have reasonable suspicion for the initial traffic stop. If the stop itself was illegal, evidence from it may be excluded. People v. Jones

See, there are possibilities to fight the charges and avoid a DUI conviction. But the reality is it’s an uphill battle once that Alcohol Influence Report is stacked against you.

The best advice? Don’t drive after drinking. Period. Catch an Uber, take the bus, crash on a friend’s couch. A DUI can derail your life and finances for years. We’ve all made mistakes, but learn from this one and make a plan for safer rides home in the future. We’re all rooting for you.

Let me know if you have any other questions! I’m happy to help walk you through the process. You’ve got this.