There is a lot of misconception out there about blood alcohol content (BAC) and how it is measured. People also seem to be misinformed about the alcohol level at which a person is considered to be legally impaired. Unfortunately we cannot always take what we hear from a friend or what we see on television as fact, no matter how good it sounds. BAC is a serious measurement, and if either collected inaccurately or interpreted improperly, it can have a lifelong impact on the individual accused of being in violation. In this article we present the facts on BAC and how the breathalyzer works.
First of all, it is important to understand that blood alcohol content is not the same as the amount of alcohol measured on the breath. Blood alcohol content can only be accurately measured via a blood test and is calculated as the percentage of weight versus volume. When someone is determined to have 0.08 BAC, it means 0.08% of their blood is alcohol. In a case of measuring the amount of alcohol on the breath and how it can be an indicator of BAC, the ratio is 1:2100. For example, if a breathalyzer test produces 0.10mg/L then it would show the BAC to be approximately 0.021.
Those tiny percentages may not sound like much, but according to studies done at Virginia Polytechnic Institute and State University, it takes just 0.010 BAC to begin impairing the individual. Their work found that a BAC between 0.010 and 0.029 produced subtle impairments in people, no matter what their body type or perceived tolerance may have been. With a 0.030 to 0.059 BAC, test subjects had impaired concentration, decreased inhibition and experience mild euphoria. At 0.06 to 0.090 BAC the effect became more serious. Reasoning became impaired, as did depth perception, peripheral vision and glare recovery. Behavior moved from relaxed to extraverted, disinhibited and feelings became numb. From this point the impairment increases exponentially along with consumption, ending in death with a BAC level of 0.50 or more. However death from alcohol poisoning is still possible when the BAC is just 0.30.
Most people know that across the US it is illegal to drive a motor vehicle with a BAC of 0.08 or higher. Yet they claim to have a higher tolerance for alcohol, either because of their personal habits or their stature. While it is true one’s body weight will have an effect on the speed at which their BAC will rise, there is no evidence to suggest there are people able to tolerate more than others. To illustrate, let’s first look at what the Center for Disease Control stipulates as ‘one drink’. Twelve ounces of beer, eight ounces of malt liquor, five ounces of wine and 1.5 ounces of distilled spirits are equivalent to 0.6 ounces of pure alcohol. Just three drinks containing 0.6 ounces of pure alcohol will cause a 180 pound individual to reach a BAC of 0.08. A 120 pound person would need to consume just two drinks. What these facts do not take into account are the unique circumstances that can cause an exaggerated reaction to alcohol. Certain medications increase the effectiveness of alcohol, as does youth, race, ethnicity and how quickly the alcohol was consumed.
In 1927 Emil Bogen collected air in a football bladder, tested it for traces of alcohol and discovered that two liters of expired air had slightly more alcohol than 1cc of human urine. That was the experiment that began the breathalyzer, or drunkometer as it was first called. That same year the test was used by British Police Surgeon Dr. Gorsky to convict an impaired suspect. Today the drunkometer is far more technical and of course bears a more politically correct name. It is all quite simple, when the user exhales into the device the ethanol in their breath is oxidized. It becomes acetic acid and water, after which an electric current is passed through and measured by a microprocessor. The resulting figure is displayed as an estimated equivalent to BAC.
Contrary to many hopeful but impaired drivers, there is no way to ‘fool’ a breathalyzer. Many have tried, all have failed. If a breathalyzer test indicates a BAC of 0.08 or more and the individual is adamant about their lack of drinking, then a blood test will be conducted to determine the truth of the matter. However it would not be wise to use this as a tactic to stall testing until the BAC becomes lower naturally. Chances are charges will still be laid.
Regardless of anyone’s personal opinion about their own tolerance for alcohol, the laws in the US are quite clear. If someone is driving a motor vehicle or operating large machinery (such as a boat or plane) and their BAC is 0.08 or more, they are impaired and will be charged. The best thing to do next is seek out good legal representation.
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Advocates of the Intoxilyzer point out the machine will only absorb alcohol and not anything else. Having said that, opponents of the machine say that the it sometimes misreads several other frequently found elements in human breath and erroneously presents high readings saying that they are from alcohol.
Of particular importance here are the following facts. First, the Dui alcohol concentration law says an individual is intoxicated when he has a.08 in his breath, but it does not say.08 by breathalyzer. This point implies that no judge or jury is either required or obliged to believe that an Intoxilyzer result of.08 or more is exact or dependable.
Secondly, the manufacturer will not allow anyone outside law enforcement to assess the machine’s precision or reliability. It is commonly believed that for a process to be recognized as legitimate and trusted in science, it should be accessible to the scientific community for assessment. This is not the situation with theIntoxilyzer.
Third, the manufacturer claims it doesn’t warrant the Intoxilyzer to be intended for any specific purpose, an implied admission by the manufacturer that its device is not actually warranted as precise and reliable for breath testing.
Fourth and final, the Intoxilyzer’s functioning design is premised on the assumption that each and every man or women analyzed is exactly the average man or women. All persons are not exactly average! Humans come in varying sizes, weights, ages, and vary in muscle development, lung capacity, alcohol tolerance, temperature, hematocrit levels (amount of solids in the bloodstream) and breath/blood ratio (the number of instances an item appears in the blood vs .. the amount of times the identical item is found in the breath). Automatic and undetected oversight can be illustrated by just having the person tested not be exactly average. In connection with this, it ought to be mentioned that Intoxilyzer assumes a blood/breath proportion of 2100/1 (2100 parts of alcohol in the blood for every one part of alcohol in the breath) for each man or women tested. Here, it should be mentioned that a great deal of people maintain a blood/breath ratio of 2100/1 or higher. Persons with a blood/breath proportion greater than 2100/1 will not be prejudiced by Intoxilyzer’s assumption. On the other hand, persons with a lower blood/breath proportion will be prejudiced because the Intoxilyzer will incorrectly read too high an alcohol concentration result and can result in someone who should test a.04,.05,.06, etc. to in fact test out at.08,.11,.12, and so on. Of particular relevance here is the fact that scientists have documented individuals with blood/breath ratios as minimal as 1100/1.
Moreover, since the machine is built, serviced, and handled by humans, it is susceptible to human blunders just like any other machines.
The previously mentioned information conclusively demonstrate that the Intoxilyzer, even if it is properly operating and is being properly handled, because the man or women being tested is not exactly average, can label an innocent individual as guilty.
Understanding your rights after a DUI arrest is important. Speaking with a DWI San Antonio Attorney is a great first step at finding out what your options are. An experienced South Florida Criminal Attorney can help clarify your legal issues and choices.
At what point is a motorist deemed to be unlawfully inebriated?
Despite the fact that state intoxicated driving regulations vary, you are regarded to be legally intoxicated with a blood alcohol content (BAC) of .08% or higher. Alcohol influences everyone differently, but a number of individuals can be viewed as legally inebriated after only ingesting a couple of drinks. On average, a 185 lb man might be over the BAC legal max after having 3 or 4 beverages, while a 125 lb woman could well be deemed legally drunk after only 2 or 3 drinks. For persons who infrequently drink alcohol, even one drink may possibly trigger intoxication ultimately causing a DUI.
Not surprisingly, how rapidly the alcohol is ingested, whether or not the man or woman drank on an empty stomach, whether or not other medication is being ingested, how routinely the man or woman drinks, and other factors significantly affect how the body metabolizes alcohol and therefore the blood-to-alcohol content ratio for that particular person.
What takes place when an individual is arrested for drunk driving?
Being arrested for drunk driving is an experience almost all of us try to avoid. After arresting you on charges of impaired driving, you’ll probably be searched by the police, your vehicle will get towed and you’ll be transported to jail where you’ll be “booked.” You could possibly be set in a “drunk tank” with other alcohol or drug impaired arrestees. Despite being under the influence of alcohol, try to be as courteous and calm as feasible. You might be able to get out of jail within a few hours of your arrest, either by posting bail.
If not, then you can ask the judge to discharge you at your first hearing. Get in touch with an attorney right away or get a friend or family members aid to do so. The legal professional can direct you through the court progression, as well as support you with any associated DMV hearings which may be necessary. You’ll not only be required to cope with the criminal fees and penalties, but also with suspension of your driver’s license and maybe civil lawsuits if any individual was injured in connection with your drunk driving.
Being arrested for a DWI is a situation all of us try to avoid. However, if you have been arrested, speaking with a DWI Attorney San Antonio can help. Talking with an experienced Boerne DWI lawyer will help you to understand your rights and the potential consequences of your situation.
There are many common myths with regards to DWI and DUI. Here are five that come up again and again:
1. Loading your mouth with pennies before the breath test will help you pass. A rumor has floated around that if you suck on pennies before you take a breathalyzer, you will be able to pass the test. Let’s put this one to bed real fast, it is patently false that sucking on pennies makes any bit of difference.
2. A breath test is taking a measurement of my blood alcohol level. This is false. What a breath test is doing is estimating the amount of alcohol in your breath. Many people confuse this as to what your blood alcohol level is. This can only be found by taking a blood sample, the breathalyzer is simply an approximation of the alcohol in your system.
3. Drinking coffee or splashing cold water on my face will sober me right up. Nope, another one bites the dust. The only thing that will help is time. You need to let the alcohol run it’s course through your body. Ingesting caffiene or splashing cold water will make you drunk and awake at best.
4. Breath tests are full proof. In reality, the breath test is more of a estimate than anything else. There are a number of factors that could throw a breath test off base. For instance, the body produces alcohol naturally after eating fruit. People who are diabetic and suffer from Hypoglycemia can register on a breathalyzer. It is by no means a full proof device.
5. Any type of lawyer can handle a DWI charge. DWI is a charge that needs to be taken very seriously. It is an area of the law where someone with experience handling DWI’s can help resolve the matter in a way that is best for you. The repercussions of a DWI are serious and can include loss of your drivers license, probation, and even jail time.
If you find yourself facing criminal charges for a DWI, you are trying to figure out what to do. Instead of guessing about what course of action you should take, consult with a DWI attorney San Antonio about what options you have. Talking with a DWI lawyer San Antonio can help bring resolution to your issue.
