What Blood Alcohol Concentration (BAC) Level Constitutes a DUI in Pennsylvania?
Drunk driving is one of the most common criminal charges in Pennsylvania. To obtain a conviction in a drunk driving case, prosecutors must prove intoxication. They often use blood alcohol concentration (BAC) results—either obtained through a breath test or a blood test—in order to establish a defendant’s level of intoxication. Here, our DUI lawyer in Harrisburg explains the key things to know about BAC levels and drunk driving charges in Pennsylvania.
What is Blood Alcohol Concentration (BAC) and Why Does it Matter?
As explained by the Cleveland Clinic, blood alcohol concentration (BAC) is “the amount of alcohol in your blood that develops from drinking beverages that contain alcohol.” It is one of the most important concepts in DUI cases in Pennsylvania because it is effectively the way that police and prosecutors measure a person’s level of intoxication. Alcohol affects motor skills, reaction time, and judgment. The higher a person’s BAC—meaning the more alcohol that is in their bloodstream—the greater the effect that the substance will have on them.
Note: Many factors impact a person’s BAC, including how much they drank, when exactly they drank, and their size. A 225-pound man will typically have lower BAC after one drink than a 110-pound woman.
The BAC Level for a DUI in Pennsylvania
In Pennsylvania, the legal BAC limit for most drivers is 0.08 percent. However, stricter limits apply in certain situations. Commercial drivers can be charged with DUI if their BAC is 0.04% or higher, while underage drivers (under 21) face DUI charges at just 0.02% BAC under the state’s zero-tolerance law. Pennsylvania also categorizes DUIs into different tiers based on BAC. A person with a BAC over 0.10% could face more serious DUI penalties if arrested.
Reference: A study from the University of Arizona found that it takes an average of two to four drinks for a person to reach a BAC of 0.08%. As noted previously, many factors will impact the BAC level.
You Can Challenge BAC Results (Breath Test/Blood Test)
BAC is designed to be an objective measurement of intoxication. Breath tests and/or blood tests may be used to measure a person’s BAC after a DUI stop. However, these tests are not perfect. Various factors can lead to false readings, including improper administration of breathalyzer tests, machine malfunctions, and contamination of blood samples. Medical conditions like acid reflux or diabetes can also impact test results. Your Harrisburg, PA DUI defense lawyer can help you challenge BAC test results. In some cases, it may be a viable defense strategy against a drunk driving charge.
Contact Our Harrisburg DUI Defense Attorney Today
At The Hoover Firm, LLC, our Harrisburg DUI defense attorney is aggressive, experienced, and solutions focused. If you or your loved one was arrested for a DUI and you have questions about BAC levels, please do not hesitate to contact us for a fully confidential consultation. From our Harrisburg law office, we defend DUI charges throughout the wider region of Pennsylvania.