What is blood alcohol concentration?
Blood alcohol concentration (BAC) refers to the amount of ethyl alcohol that is present in a person’s blood stream. A person’s blood alcohol concentration can be determined through the administration of a breath, blood, or urine test.
Blood Alcohol Concentration and DUI Arrest
When a person is stopped for driving under the influence, he/she will be asked to submit to a breath alcohol test by law enforcement. The person has the right to refuse to consent to the breath alcohol test. However, refusal to submit to the initial breath alcohol test may lead to additional legal consequences if the person is convicted of DUI. If the person consents to the breath alcohol test, and his/her BAC is 0.08% or higher, he/she will be placed under arrest for driving under the influence. In the state of California, it is illegal to operate a motor vehicle with a BAC of 0.08% or higher.
Blood Alcohol Concentration and License Suspension
If the person’s BAC is 0.08% or greater, his/her driver’s license will be confiscated by law enforcement, and he/she will be given a temporary driver’s permit. This permit will allow the person to drive for up to 30 days. After the 30 day period, the person’s driving privileges will be automatically suspended. To avoid suspension, the person must schedule a hearing with the DMV within 10 days of his/her arrest to contest the suspension.
Inaccurate Blood Alcohol Test Results
Most people are under the impression that blood alcohol tests are 100% accurate, but this is not true. In many cases, it has been discovered that the person’s reported BAC was inaccurate. Inaccuracy can stem from many things, including: defective test equipment, improper test administration, unlicensed or uncertified person administering the test, and police radio interference (common with breath alcohol tests). Additionally, the person may have an inaccurate BAC if he/she ate before the test, used mouth wash, hiccupped, vomited, or wears dentures.
