What Does Blood Alcohol Concentration Mean in a DUI Case?
What is a blood alcohol concentration (BAC) and what does it mean in a drunk driving case in the Denver area? Under Denver law, a person can face charges for driving while ability impaired (DWAI) or driving under the influence (DUI) regardless of their BAC — if a person is driving in a manner that the police believe meets the requirements for driving while ability impaired or driving under the influence, a person can be stopped and arrested. At that point, the driver will likely be required to submit to a chemical test — either a breathalyzer test or a blood test — to assess their BAC, which can then be used as evidence in the prosecution’s case against them.
At the same time, even if a person is not driving in a way that suggests their ability is impaired or that they are driving under the influence, if they submit to a chemical test and their BAC shows a certain number, they can face charges for a DWAI or DUI under Colorado law. Our Denver DWAI and DUI defense lawyers can explain in more detail.
What is a Blood Alcohol Concentration (BAC)?
What is a blood alcohol concentration, or blood alcohol content? This term, which can also be described as a blood alcohol level, refers to “the amount of alcohol in your blood,” according to the Cleveland Clinic. The higher a person’s BAC, the more affected they are likely to be, both physically and mentally, by the alcohol in their system.
As the Cleveland Clinic explains, if a person is consuming alcohol more quickly than their liver is able to process it, their BAC will increase and they “may feel the effects of drunkenness, also called intoxication.” A person’s liver, generally speaking, “can process about one alcohol-containing drink per hour,” which is “typically defined as 12 ounces of beer, 5 ounces of wine, or 1.5 ounces of liquor.”
“Per Se” DWAI and DUI Charges in Colorado
When a person’s BAC is at a certain level, regardless of their behavior or actions behind the wheel, they can face what are known as “per se” charges under Colorado law:
- BAC of at least 0.05 percent but under 0.08 percent can result in per se DWAI charges;
- BAC of 0.08 percent or higher, but less than 0.15 percent, can result in per se DUI charges; and
- BAC of 0.15 percent or higher can result in more serious per se DUI charges with more significant penalties.
Contact a Denver DWAI and DUI Defense Attorney for Assistance Building a Strong Defense Against the Charges You Are Facing in Colorado
If you are facing DWAI or DUI “per se” charges based on your BAC, or if you are facing DWAI or DUI charges and the prosecution is also planning to use your blood alcohol concentration as evidence against you, it is crucial to seek legal advice from an experienced Denver DWAI and DUI defense attorneys at DeChant Law. At DeChant Law, you can work with an ACS-CHAL Forensic Lawyer-Scientist who has knowledge of the most nuanced and up-to-date techniques for assessing chemical test results and using scientific evidence to disprove the prosecution’s case. To find out more about our defense strategies based on state-of-the-art scientific methods and the expertise of our ACS-CHAL Forensic Lawyer-Scientist, contact our firm today for assistance.
Sources:
law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/
my.clevelandclinic.org/health/diagnostics/22689-blood-alcohol-content-bac
