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Resources - Blood Alcohol Level _ this is a sidebar Blood Alcohol Level Blood Alcohol Level (BAL) is the amount of alcohol present in your blood as you drink. It's calculated by determining how many milligrams of alcohol are present in 100 milliliters of blood. But you don't need a Breathalyzer, a calculator, or a measurement conversion chart to figure out what BAL you had last night. Use the Table of Blood Alcohol Levels below. This is a generalized chart based on a person who is metabolizing (or breaking down) one drink an hour. Remember, while this chart is a good general guideline, every individual reacts differently to alcohol. The chart doesn't take into account your individual body composition, your use of medication, your mood changes, or your personal metabolism rate. Therefore, your blood alcohol level may in fact be slightly higher or slightly lower than the chart indicates for the number of drinks you consume. Just keep in mind that your body processes alcohol at a constant rate of .5 oz. per hour, regardless of how many ounces you consume. Therefore, the faster you drink, the higher your blood alcohol level will be. BAL Behavior By Numbers (Source: www.factsontap.org, 2004) BAL .02%-.03%: You feel mildly relaxed and maybe a little lightheaded. Your inhibitions are slightly loosened, and whatever mood you were in before you started drinking may be mildly intensified. BAL .05%-.06%: You feel warm and relaxed. If you're the shy type when you're sober, you lose your feelings of shyness. Your behavior may become exaggerated, making you talk louder or faster or act bolder than usual. Emotions are intensified, so your good moods are better and your bad moods are worse. You may also feel a mild sense of euphoria. BAL .08%-.09%: You believe you're functioning better than you actually are. At this level, you may start to slur your speech. Your sense of balance is probably off, and your motor skills are starting to become impaired. Your ability to see and hear clearly is diminished. Your judgment is being affected, so it's difficult for you to decide whether or not to continue drinking. Your ability to evaluate sexual situations is impaired. Students may jokingly refer to this state of mind as beer goggles, but this BAL can have serious repercussions. BAL .10%-.12%: At this level, you feel euphoric, but you lack coordination and balance. Your motor skills are markedly impaired, as are your judgment and memory. You probably don't remember how many drinks you've had. Your emotions are exaggerated, and some people become loud, aggressive, or belligerent. BAL .14%-.17%: Your euphoric feelings may give way to unpleasant feelings. You have difficulty talking, walking, or even standing. Your judgment and perception are severely impaired. You may become more aggressive, and there is an increased risk of accidentally injuring yourself or others. This is the point when you may experience a blackout. BAL .20%: You feel confused, dazed, or otherwise disoriented. You need help to stand up or walk. If you hurt yourself at this point, you probably won't realize it because you won't feel pain. At this point you may experience nausea and/or start vomiting (keep in mind that for some people, a lower blood alcohol level than .20% may cause vomiting). Your gag reflex is impaired, so you could choke if you do throw up. Since blackouts are likely at this level, you may not remember any of this. BAL .25%: All mental, physical, and sensory functions are severely impaired. You're emotionally numb. There's an increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falling or other accidents. BAL .30%: You're in a stupor. You have little comprehension of where you are. You may suddenly pass out at this point and be difficult to awaken. (But don't kid yourselfpassing out can also occur at lower BALs. But, at lower blood alcohol levels, you may decide you had enough to drink and go "pass out." With an alarming BAL like .30%, your body will be deciding to pass out for you.) BAL .35%: This blood alcohol level also happens to be the level of surgical anesthesia. You may stop breathing at this point. In February 1996, a second student, age 20, died of alcohol poisoning with a BAL of .34% after drinking six beers and twelve shots in two hours. BAL .40%: You are probably in a coma. The nerve centers controlling your heartbeat and respiration are slowing down. It's a miracle if you're not dead. In April 1994, a 21-year-old student died of alcohol poisoning with a BAL of .40% after a party.
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Kavinoky DUI defense lawyers and DWI defense attorneys are often asked why they are taking a particular drunk driving case to trial, when a breath machine has produced a reading above the legal limit. What these lawyers know, and what they hope to educate their juries about, is that the breath testing machines that are used in DUI and DWI arrests are subject to error even in the best of circumstances. Breath testing in drunk driving cases is far from perfect. Breath testing in DUI cases dates back to 1937, when Rolla Harger invented the "Drunkometer" . This machine gave birth to an industry that has witnessed many new designs , each trying to improve on the reliability of its predecessor. However, even in our present era, every single breath-testing device is subject to mistakes. All breath-testing machines used in DUI and DWI cases make certain assumptions about the people being tested that may or may not be true. All of the drunk driving breath-testing machines are subject to human error, maintenance problems, interference from outside sources (such as radio frequency interference) , and internal malfunctions. The technology in the roadside PAS test is called "fuel cell" technology. This technology works by burning up the alcohol, which generates an electrical current that is measured and quantified with a numeric result. The technology in these roadside PAS tests is dubious at best. These devices do not have "slope" detectors, which are designed to guard against mouth alcohol causing an artificially high reading by detecting a negative slope (or sharp drop-off) in the alcohol level; they are not specific for alcohol, and are subject to error due to certain types of chemical buildup. DUI breath testing is an indirect way of determining blood alcohol content (BAC) or blood alcohol level (BAL) . Many states have tried to get around the obvious problems associated with converting a breath alcohol level to a blood alcohol level by outlawing driving above a certain limit as determined by either a blood or breath test. DUI and DWI lawyers in most states confront laws that make it illegal to drive while under the influence of alcohol , or to drive with a blood or breath alcohol level of .08% or higher. The former is based on actual impairment; the latter is based only on the subject's alcohol level, without regard to whether or not they are actually feeling the effects of drinking alcohol. Breath testing for alcohol is typically accomplished either on a roadside test prior to arrest, or on a more stationary machine at the jail following arrest. The portable device, which is a little bigger than a pack of cigarettes, is called a Preliminary Alcohol Screening (PAS) test, or Preliminary Breath Testing (PBT) device. In most states, the officer conducting the investigation is supposed to tell the DUI or DWI suspect that blowing into the PAS device is optional. In practice, this is done inconsistently, at best. The technology used in the stationhouse breath testing devices is slightly more reliable, in that they do typically have slope detectors to guard against mouth alcohol contamination, but are subject to human, internal, and external error as well. The stationhouse breath testing machines may use a fuel cell, or an infrared system to measure alcohol levels. Where an infrared system is used, the breath sample is blown into a chamber, and an infrared beam is shot from one end to the other. The beam is absorbed by alcohol molecules (and other molecules in the same spectrum, unfortunately) , and the amount the beam is diminished as it passes from one end of the sample chamber to the other is measured, and is expressed in a numeric value. The greater the amount of light that is absorbed from one side of the chamber to the other, the higher the reading on the machine. Unfortunately for those who stand accused of DUI, DWI, or any other drinking and driving related offense, the ways in which the breath testing machines can be in error are many indeed. They include problems with mouth alcohol causing artificially high results, non-specificity to alcohol (where other compounds are mistaken for alcohol by the machine) , radio frequency interference, calibration errors, human error, and more. If you or someone you care about is charged with DUI, DWI, or some type of drunk driving offense, it is critical that you contact a lawyer that is familiar with the errors associated with breath testing. Understanding the types of errors that are common, and investigating all the potential problems, is the first step in a successful defense to a DUI, DWI, or drunk driving case. :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.
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