Blood alcohol content level (BAC) is the measuring stick for determining whether a driver is considered impaired. The legal limit across the country is 0.08%, which means that you will undoubtedly be arrested and charged with DUI when your BAC reaches that percentage or higher levels.
Despite the laws stating 0.08% as the legal limit, a driver can be arrested and charged with DUI if he or she has any percentage above 0.00%. For example, if you exhibit the signs of impairment, and an officer deems that you have been drinking, you can be placed under arrest. An arrest can also be made if you are under 21 with any trace of alcohol in your system, or are driving impaired with children in the vehicle.
When does the BAC clock start ticking?
The National Institute on Alcohol Abuse and Alcoholism (NIAAA) defines a standard drink of alcohol as one that includes just a half ounce of alcohol. Under this definition a five-ounce glass of wine, a 12-ounce beer, and a 1.5-ounce shot of distilled alcohol are standard drinks. Using conventional thinking, a person’s BAC level will remain within the legal limit if he or she consumes just one standard drink per hour. However, intoxication begins with the first drink consumed, so you should never drink and drive. Your BAC can be measured within 15 minutes of your first drink.
Outside factors that impact your BAC
Alcohol is not the factor that impacts your BAC. Any of the following, combined with alcohol, can impact your BAC levels:
- Gender
- Rate of consumption
- Age
- Body type
- Hydration
- Strength of the drink
- Metabolism
- Emotional state
- Overall health
- Ability to tolerate alcohol
- Food you have eaten
- Medications you are taking
- Your fat and muscle content
- Drink carbonation
Since there are additional factors that determine a person’s BAC, it is difficult to put a drink limit on an individual. Drinks are made differently from restaurant to restaurant and bar to bar. The amount of alcohol in a drink at one bar could be double or less than at another bar. There is no way to put a finite number on how many drinks it would take for someone to be considered impaired, so always designate a driver or use a rideshare or taxi service.
The state of Maryland is strict when it comes to DUI. If you are facing a DUI charge, it is in your best interest to consult a DUI defense attorney from Carey Law Firm. We will examine your case and provide you with an honest assessment. Call us in Bowie or Crofton at 301-464-2500 or complete the contact form to schedule a consultation.
My name is Joe Carey, and I am the founder and principal attorney of the Carey Law Office. I have lived in Maryland my entire life. I grew up in a small town in Prince George’s County and, with the help of my partner in life, Nancy, I raised my family here: three exceptional children (a son and two daughters), and two goofy, spoiled black Labrador Retrievers. Learn More