blood alcohol content
Blog

Se Habla Español

Call Today for a Free Consultation

203-348-5846

24 Hoyt Street, Stamford, CT 06905

Subscribe to this list via RSS Blog posts tagged in blood alcohol content

Fairfield CT DUI defense attorneyIn Connecticut, when a law enforcement officer pulls a driver over with reasonable suspicion of driving under the influence of alcohol (DUI), they will often ask the driver to take a chemical alcohol test such as a breathalyzer. If the driver’s blood alcohol content (BAC) is 0.08 or more (or 0.02 percent or more for an underage driver) he or she will be arrested and charged with DUI. If you or a loved one was recently arrested under these circumstances, you may wonder if it is possible that the breathalyzer results were inaccurate.

How Does a Breath Alcohol Test Work?

If you have ever been in a crowded bar, you have probably noticed that the smell of alcohol can linger on a person’s breath. Breath alcohol tests like breathalyzers test the amount of alcohol in a person’s breath and use this to determine the person’s blood alcohol content. The two types of breath alcohol testing devices used by police are preliminary alcohol screening devices and evidential breath test devices. A preliminary alcohol screening device or portable breath test is typically used during a traffic stop. These handheld devices are smaller and more convenient for roadside BAC testing than evidential breath test devices; however, they can also be less accurate than evidential breath test devices.

Breath Alcohol Testing Errors

Breathalyzers are carefully designed and calibrated to be as accurate as possible. However, it is possible for a preliminary alcohol screening device or evidential breath test device to display an inaccurate BAC. Errors may be caused by:

...

Connecticut defense lawyerIn the month of March, law enforcement are on the lookout for drivers running afoul of the state’s alcohol-related driving laws on the way home from watching events like the Academy Awards and the NCAA basketball tournament. With the Oscars running time at four hours, and March Madness running from before noon until midnight in its opening week, there is an increased risk for individuals consuming alcoholic beverages to exceed the legal Blood Alcohol Concentration (BAC) level for driving. For this reason, it is very important to understand what BAC is, how it works, how easily the legal limit can be exceeded, and the penalties for driving with an impressible BAC. Driving in the state of Connecticut is a privilege – one that can be taken away on a temporary or permanent basis following a DWI conviction. Knowing the law and your legal rights when it comes to driving and alcohol is a must.

The Law Makes Presumptions About Impairment Irrespective Of Subjectivity

The charge of Driving While Intoxicated (DWI) in Connecticut may be leveled irrespective of whether you feel that you were personally experiencing any alcohol-induced impairment while driving. You do not need to be feeling drunk to be in danger of being charged with DWI if you get behind the wheel after consuming alcohol. This is because the relevant metric under state law is Blood Alcohol Concentration (BAC). BAC reflects the percentage of alcohol in the blood and is typically measured by breathalyzer – a law enforcement administered device to breathe into and thereby provided a BAC reading.

...

Connecticut drunk driving laws, Connecticut DUI lawyer, Connecticut defense attorneyWhen most people fail a breathalyzer test, they admit defeat. Many ask, “What is the point of fighting DUI charges?” However, the truth is that these devices can produce false positives if they are not calibrated correctly. In fact, research has shown that breathalyzers have a 40 percent margin of error, according to a report in the Boston Globe.

There have been several cases of false positives. Last year in Connecticut, a DUI case was thrown out of court after DNA tests revealed that the defendant had a BAC of 0.0.

In addition to questioning the breathalyzer results, there are other potential defenses that could work in your favor. For example, your attorney could question whether the officer had probable cause to pull you over in the first place.

...

Stamford DUI attorneyAmericans are all too familiar with the strong anti-drunk driving advertisements that display on TV commercials and highway billboards. Catchy quotes, such as “buzzed driving is drunk driving,” are well known, but DUI rates remain high across the country. In many cases, buzzed drivers are not necessarily operating their vehicles recklessly, but they simply do not know that a just a small amount of alcohol can cause a person to reach the legal limit of a 0.08 blood alcohol content (BAC).

According to the Mother's Against Drunk Driving, drunk driving is one of the most frequently committed crimes in America. While getting behind the wheel after a drink or two may be an innocent gesture, the stakes are simply too high to take a chance. Drunk driving not only can lead to the revocation of a driver’s license, but it can also result in significant financial penalties.

By measuring the alcohol concentration in a person's blood, law enforcement can determine if a person is driving while intoxicated. Various biological factors come into play when measuring blood alcohol level, so there is no way to estimate BAC accurately without carefully calibrated devices.

...