Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Brand

Criminal Defense & Family Law | Omaha, Nebraska

Talk To A Lawyer Today 402-513-0504

Talk To A Lawyer Today
402-513-0504

Aggressive
Representation

  1. Home
  2.  » 
  3. Drunk Driving
  4.  » Driving under the influence: How much is too much alcohol?

Driving under the influence: How much is too much alcohol?

On Behalf of | May 25, 2022 | Drunk Driving |

When people picture an intoxicated or drunk driver, the image that comes to mind is a staggering incoherent individual who is not in their right senses. However, this is not always the case.

You may appear perfectly normal and sober, yet your blood-alcohol concentration (BAC) levels are above the 0.08% legal threshold. Similarly, you could be visibly drunk, but your BAC level is below the 0.08% mark. In both instances, you could face DUI charges.

So how much alcohol is too much? Here is what you need to know before having one for the road.

It depends on several things

The answer is not so straightforward. First, alcoholic drinks are different, and the type of drink you take matters. Beer has a lower alcohol percentage than hard liquor such as brandy or vodka.

Secondly, factors like your water intake as you drink alcohol, whether you are drinking on an empty stomach or under certain medication could weigh in.

Finally, individual traits such as your age, sex, body size and composition determine the amount required for you to get drunk. For instance, a person with a small body will register higher BAC levels than a heavily built individual after consuming a similar amount of alcohol.

BAC tests can be wrong

Even if your BAC levels indicate that you are past the legal limit, your DUI charge is not an open and shut case. The results from a breathalyzer test are not always accurate.

Should external factors beyond your alcohol levels influence your breathalyzer test results, the BAC reading obtained may not be used in your case. You could see your charges reduced or entirely dismissed, given that the prosecution will find it hard to prove your guilt beyond a reasonable doubt. With experienced legal guidance, you can explore all of your defense options.

Categories

findlaw-network