Blood Alcohol Concentrations and Breath Alcohol Levels in a California DUI Arrest

The results of the breath, blood or urine test will largely determine the charges brought and the possible sentences. The so-called "per se" offense (driving over .08%) is defined by the blood-alcohol level; the "DUI" offense (driving under the influence) is partially proven with a rebuttable presumption of intoxication if the result is over .08%.

It is important to realize that the DUI laws relate to the blood-alcohol level AT THE TIME OF DRIVING — not at the time of the test; there may be a significant difference, not to mention difficulties of proof. It is also important to understand that tests — particularly breath tests — are unreliable and susceptible to attack by an attorney who is knowledgable in the science of blood-alcohol analysis (PDF Download). Also, individual tolerance should not be overlooked; although not an issue with the "per se" offense, tolerance is very relevant to the DUI offense.

Alcohol and the Human Body
A good basic discussion of the physiological process of alcohol absorption and elimination, the alcohol levels of various drinks and the effects of food, tolerance, gender, etc.

Online Blood-Alcohol Calculator
A simple online questionnaire to determine your theoretical blood-alcohol level with different amounts of alcohol consumed, from the manufacturers of the Intoximeter breath analyzing machine.

Blood-Alcohol Chart
The California Department of Motor Vehicle's "Alcohol Impairment" chart.

"Why Breath Tests of Blood-Alcohol Don't Work" (PDF File)
Article by Dr. Michael Hlastala, professor of pulmonary medicine at the University of Washington.

Blood Alcohol Calculator
From Ultimate Clinician's Reference, computing blood alcohol based on weight of person. male vs female body fat, elapsed time drinking, volume consumed, number of drinks and percentage of alcohol in the drink.

California DUI: A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups seeking the passage of unfair laws, the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional roadblocks, overemphasis on breath alcohol tests, unfair criminal penalties and the imposition of "automatic" license suspensions. See also "Responsibility in DUI Laws, Inc.", an organization dedicated to reforming harsh and misdirected DUI laws.

Site Map | Legal Disclaimer