BAC – What is It and Why It’s Important
Blood Alcohol Content, or BAC, is essentially a measure of the amount of alcohol present in an individual’s blood. More technically, the BAC level is described as the weight of the ethanol measured in grams per 100 milliliters of blood. This measurement is used only to assess recent consumption of alcohol, and not recent use of any other intoxicating substances. In the context of driving after drinking, it takes into account both the amount of alcohol as well as the rate at which the body breaks it down (to be excreted through urine, sweat, and other means).
The amount at which the body metabolizes alcohol varies from person to person based upon factors like age, weight, sex, physical condition, medications, and even your mood at the time. It is worth noting that an increase in body temperature increases the rate at which alcohol enters the bloodstream and is therefore expelled.
In Florida, BAC is measured by two different types of tests – Brethalyzer tests, and blood tests (the latter of which are only to be used when breath tests are not available) . While uncertainty relating to the reliability of tests adds an additional complication for many drivers facing a charge of Driving Under the Influence (DUI), it is nevertheless extremely important for a person’s safety as well as the safety of the general public, that the BAC limit is adhered to – this limit is designed to directly decrease the risk of injury to self and others. Florida has made it illegal for drivers to operate their vehicles with a BAC equal to or greater than .08 percent (the equivalent of 0.08 grams of ingested alcohol per 100 milliliters of blood). In the past, Florida had the most stringent standard for BAC, with the legal limit set at .10%. With Florida’s BAC limit currently being 0.08%, or 8 ounces of beer, 4 ounces of distilled liquor, or 2 glasses of wine, it appears that over-consumption of alcohol while driving is still a problem here in Florida.
Florida’s Legal BAC Level
In Florida, the legal limit of blood alcohol concentration (BAC) is based on a number of different factors, with a person’s age and driving class. The legal limit for drivers aged 21 and over is 0.08 of BAC, and that translates to eight-hundredths of a gram per liter of blood. Drivers in this class must meet both this standard and two additional criteria to be charged with DUI: Their driving ability must be impaired and their BAC must be measured as equal to or above .08. If your measured BAC is .08 or more, there is a rebuttable presumption that you are impaired.
In the state of Florida, any person under the age of 21 has a legal limit of 0.02, which translates to two-hundredths of a gram per liter. This is because Florida takes a zero-tolerance policy to drivers under the legal drinking age. Any measured BAC of at least .02 activates a charge of DUI. There are no tolerances for any level of impairment by measured BAC.
In Florida, people who have jobs requiring them to be commercial drivers with a commercial driver’s license operate under a further restriction. Today, the DOT has implemented a legal limit of 0.04 BAC on commercial truck and bus drivers. For commercial drivers, .04 BAC essentially translates to having any measurable BAC in their systems while operating, including something as innocent sounding as a single drink. As an added consequence, if you refuse to submit to a breath, urine, or blood test when requested, the state will suspend your driver’s license and commercial driver’s license for 90 days.
Penalties for Exceeding the BAC Level
The consequences of exceeding the legal limit for BAC can be severe and life-altering. Not only is it illegal to operate a motor vehicle with a BAC of 0.08 or greater in Florida, but it can lead to serious legal ramifications. The penalties for a DUI with a BAC of 0.08 or higher range from fines and license revocation to imprisonment.
The penalties for a first offense with a BAC above 0.08 include a fine of up to $1,000, a license suspension for six to twelve months, and possibly up to six months in jail. Repeat offenders face increased penalties that include a minimum fine of $1,000 and a maximum of $2,000, a license suspension of five years, and possible imprisonment of nine months to five years. In addition to the legal penalties, a DUI conviction can have a lasting impact on your personal and professional life. A DUI conviction goes on your criminal record and can affect your ability to find a job, obtain housing, or secure loans.
Factors that Impact How Your BAC Is Determined
Several factors can affect an individual’s BAC, and the personal impact that drinking may have on your ability isn’t always represented by your BAC. Attribute this to the fact that it is a simple number based on multiple variables.
Alcohol metabolization rates are different for each person, and this will always play a role in how alcohol affects function. People who drink regularly build up a tolerance to alcohol over time, which may lead to an underrepresentation of BAC impact on personal function.
Despite the simplicity of the BAC system, the amount of alcohol present in your system at any given point in time is dependent on many different factors:
Weight and Gender Body weight determines the overall volume of water in someone’s body, which serves as the distribution point for alcohol. The more water in the body, the less amount of alcohol in the blood. Because women tend to have lower body weight as compared to men, their alcohol consumption tends to be assessed at a higher BAC. To demonstrate how the legal limit differs between genders based on body weight, let’s look at the example of a 150-pound man and a 120-pound woman. Assuming they both drink three beers within an hour, the man would register at .09 percent BAC, while the woman would register at .12.
Speed of Drinking Downing beer in rapid succession will cause a higher BAC , than if you sip your drink slowly. This is because, at a fixed level of alcohol, your BAC will be reduced every hour that you abstain from alcohol. This knowledge should be particularly useful when determining how and when to drink before getting behind the wheel.
Alcohol Metabolization How quickly alcohol is metabolized is a key factor in determining BAC levels. Because people drink alcohol at different rates, it’s impossible to declare a universal truth on the relationship between BAC and intoxication.
Alcohol is metabolized in three ways: Not all of the alcohol your body absorbs is metabolized at the same rate, however. About 90 to 98 percent of alcohol is metabolized by the liver, while the other two to 10 percent is removed through the lungs and kidney.
The average adult forgoes the chance of metabolizing the equivalent of one drink, for every hour that they abstain from alcohol. Moreover, the more alcohol one drinks, the slower the body’s metabolism, meaning that following the legal limit declines in potential impacts on your personal function. The only surefire way to avoid trouble with the law in Florida is to abstain from drinking before getting behind the wheel. However, there are certain factors that can help mitigate your risks of being ticketed or arrested for drunk driving.
Ways to Remain Under the Legal BAC Limit
Maintaining a BAC Level Below the Legal Limit in Florida
In addition to using a personal breathalyzer, there are a number of other strategies for maintaining BAC levels below the legal limit. You can pace yourself by using the 1:1 rule – one drink per hour. Typically, the body metabolizes one drink every 60 minutes and you can get a better idea of your level of intoxication by pacing yourself.
Plan ahead by establishing a designated driver or rideshare plan before the night begins. If the plan is in place before the event, you are less likely to forego them in the moment. Grab your cell phone and download a rideshare app like Uber or Lyft before heading our your front door so you have it ready to use when the evening is over. Pacing yourself is also an important strategy so that you do not get blind sided by sobriety checkpoints or a surprise officer pulling you over. Give the alcohol time to leave your system before getting behind the wheel.
The honest truth is that the best way to stay within the legal limit is to avoid drinking altogether. You can spend your evenings sober without missing out on the fun. There is no need to drink to have a good time or to fit in. Leave the booze at home and explore other recreational activities that do not involve alcohol.
If you do plan on having a few drinks, the most important thing is scheduling a ride home in advance. Uber and Lyft are safe, reliable, easy to navigate and offer transparent pricing. The other option, of course, is to appoint a safe, sober designated driver before heading out. The plan to get home safely is just as important as what you are wearing or how you plan to get there.
You Can Use Legal Defense Against BAC Offenses
The Florida impaired driving statute specifically makes it a crime to drive a car or motor vehicle with a blood alcohol content of .08% or greater. Whether the driver is under the age of 21, or if there is a commercial motor vehicle involved, the BAC numbers are also different and can apply to both administrative license suspensions and criminal charges.
As with most criminal charges, Florida law provides for defenses to BAC violations. These defenses are often specific to the particular charges or facts of each case. These can include:
As with any type of criminal offense, it is always best to have an attorney who is experienced in defending these charges represent you. That being said, there are many potential criminal defenses to include:
Unless and until a DUI charge is resolved again through a trial or plea, it is a criminal offense that can provide for a conviction if all of the requirements have been proven to the standard of beyond a reasonable doubt. The standard of proof is high for the State when it comes to a DUI convictions. At the time the police officer stopped the accused , the officer must have had a reasonable suspicion to stop the defendant (or a traffic infraction must have been committed), the officer must have had probable cause for arrest, the breath test or blood draw must have been done properly under the rules and regulations, and the officer must have read the rules for a refusal to take a test, as well as a possible refusal to provide a sample, must be okay. Even after all of this is done, at trial the State must prove that the driver was under the influence of alcohol or drugs to the extent that their normal faculties were impaired. Essentially, the State has the burden of proving the following:
Each of these essential elements must be proven beyond a reasonable doubt for a conviction. If the State can’t meet its burden, the accused will be found not-guilty.
So while the BAC numbers are important and a BAC of .08% or greater creates a rebuttable presumption of impairment, as can see from the discussion above, the presumption can be rebutted. This is part of the reason why an experienced Orange County criminal defense lawyer should be consulted when someone is charged with a DUI in Florida.