Determining Your Blood Alcohol Content in a DWI Arrest
One of the most important aspects of a DWI arrest is the driver's blood alcohol content (BAC). BAC measures the concentration of alcohol that is in a person's blood and a BAC that is over the legal limit in the state of Texas, which is 0.08, will result in an arrest. Understanding how BAC is calculated in drunk driving cases can help you challenge the results and protect your rights in the criminal proceeding.
At my firm, I, Bret Griffin, can help you understand BAC and how it relates to your criminal charges. There are many BAC calculators online that can give a rough estimate of how BAC is calculated. But BAC is complex, and certain factors that are not considered by these calculators may affect your results. By speaking with a lawyer in Galveston County, Texas, you can feel confident that someone is looking out for your best interests.
BAC is often calculated by police using breathalyzer tests but can also be determined by drawing blood samples. Learn more about blood tests and how they are used in DWI arrests.
Factors in Blood Alcohol Content Calculation
BAC levels can be difficult to calculate due to variations in weight, gender, body fat, and other factors that can affect the end result. Based on the number of drinks that a person has had, however, there can be estimations made about that person's BAC level. This chart gives an approximate measure of BAC based on number of drinks (0.5 fl. oz.) consumed:
| Male/ Female | 100 lbs | 120 lbs | 140 lbs | 160 lbs | 180 lbs | 200 lbs | 220 lbs |
| # of Drinks | |||||||
| 1 | .04/.05 | .03/.04 | .03/.03 | .02/.03 | .02/.03 | .02/.02 | .02/.02 |
| 2 | .08/.09 | .06/.08 | .05/.07 | .05/.06 | .04/.05 | .04/.05 | .03/.04 |
| 3 | .11/.14 | .09/.11 | .08/.10 | .07/.09 | .06/.08 | .06/.07 | .05/.06 |
| 4 | .15/.18 | .12/.15 | .11/.13 | .09/.11 | .08/.10 | .08/.09 | .07/.08 |
| 5 | .19/.23 | .16/.19 | .13/.16 | .12/.14 | .11/.13 | .09/.11 | .09/.10 |
While a BAC over the legal limit may seem like an insurmountable piece of evidence, it can be effectively challenged in defense of your case. A BAC over the legal limit at the time of the test is not illegal, it only gives rise to an inference that you may have been committing a DWI. For a prosecutor to extrapolate your BAC back to the time of driving, he or she must know several factors that only you can provide, so once again - you have the right to remain silent and you should use it.
Contact Attorney Bret Griffin to Learn More Information
There are a lot of important aspects to consider during any DWI defense but the level of BAC is one of the main factors that police will use to convict you of an offense. Contact me, attorney Bret Griffin, and learn more about how BAC is calculated and how errors are often made by law enforcement. Call for a free consultation at 888-889-0926 and get started with your defense.
