The central issue in almost every DWI or DUI case is whether your blood alcohol content (BAC) is equal to or greater than the statutory minimum. In other words, if your blood alcohol content is above this minimum, you are presumed to be legally intoxicated and subject to being charged with DUI / DWI.

In the United States, every state has a DUI / DWI statute that sets the legal BAC threshold at .08 percent.

What exactly is your BAC?

Simply put, it is the amount of alcohol in your blood. A BAC test actually measures the weight of alcohol in a certain volume of your blood, expressed as a percentage. Generally, the greater the level of alcohol in your blood, the more your driving will be impaired. In fact, although most state DWI / DUI laws provide that a blood alcohol content of .08 percent is the level at which you are considered legally intoxicated, some studies conclude that a blood alcohol content as low as .02 affects your ability to drive and increases the likelihood of an accident. The probability of a crash begins to increase significantly at a blood alcohol content of .05 percent and climbs rapidly above .08 percent.

Blood alcohol concentration (BAC) is also defined as the relationship between the amount of alcohol consumed and the elimination of alcohol in your blood. This is usually measured as the percentage of deciliters of blood. Accordingly, if it is measured by how much blood you have, your body weight makes a difference on how much you can drink before you reach a level of legal intoaxication. Importantly, there are a number of variables that determine your blood alcohol level:

-Body Weight

-Sex-Male or female

-Amount of alcohol consumed

-The length of time drinking alcohol

As examples of this information:

A BAC of .04 means you have 4 drops of pure alcohol for every 10,000 drops of blood. An average man weighing 160 lbs. who consumes two beers on an empty stomach would have a BAC of .04 after about an hour.  Also, a person who reaches a BAC of .10 will normally show signs of intoxication. On average, it takes about 1 hour for 1 drink to leave the body. On women, it takes longer to eliminate alcohol because usually women have a lower volume of water in their bodies and have a higher percent of body fat than men. (The more bodyfat that you have, the longer the alcohol stays in your system.)

To demonstrate how the body processes alcohol: First, the alcohol is absorbed through your stomach. When you eat, then the alcohol is absorbed into the food and has to go on to the intestinal track for absorption. This takes longer for the alcohol to be absorbed. It all depends on how much you drink and how much you eat. A small amount may be absorbed through the stomach, but most alcohol is absorbed through the intestines where it enters the blood stream and travels to the brain.

Alcohol is a system suppressor along with other drugs like sedatives, painkillers and marijuana. Other drugs have a different effect on impaired driving, like cocaine and amphetamines, which are system enhancers. Alcohol impairs judgment, coordination, vision, and reaction time and increases drowsiness.

In Virginia, you should not operate a motor vehicle after having consumed alcohol or drugs.  If you do, then you face being charged with DWI/DUI, incurring legal fees and having a permanent criminal record.  If you have been charged with a serious traffic offense in Virginia and need an experienced attorney to handle your defense, then contact us for information and effective representation.