Blood Alcohol Concentration

In the Commonwealth of Virginia, if you're operating a vehicle and you have a Blood Alcohol Concentration (BAC) of over .08, it's considered drunk driving. If you're stopped by the police, and they believe that you have exceeded this legal limit, you can be charged with Driving Under the Influence. The problem for a lot of people who drink socially is that they may not be aware of the actual time that their drinking has caused them to cross that nebulous .08 threshold.

It's obvious that the more alcoholic beverages that you consume, the higher your blood alcohol concentration will be. What's not so obvious is that the alcoholic content of your blood increases with time after you consume your beverage. For example, if you drink a shot of liquor, your Breathalyzer results would be higher twenty minutes after the consumption than five minutes after. When you compound this over the course of several hours and with the consumption of multiple drinks, it becomes difficult to know exactly what your BAC might be or when it will peak.

Conventional wisdom may tell us that waiting an hour before driving to "sober up" is the smart move. However, while you may begin to feel more sober, your BAC could still be climbing from your earlier drinks. The reason for this is that the alcohol in your stomach takes time to be digested and absorbed into the bloodstream. Certain factors like the amount and type of food in your stomach can slow the flow of alcohol to your blood. That's because the stomach also has to break down the food as well as the alcoholic beverage. However, individuals who might consider using food as method to slow the metabolization of alcohol should be cautioned. The alcohol that you consume will eventually make its way into your blood stream. You may only be successful in delaying your BAC's peak until the time when you are given a blood alcohol test by police.

It's important to keep in mind is that BAC is only part of the evidence that police will use to convict you in a drunk driving case. Before you are ever administered a test, the police officer has watched you drive (in most cases), spoken to you, observed physical indicators like your ability to speak and any odor that you may be emitting, et cetera. However, to a judge or jury there is no more compelling evidence than a BAC reading of .08 or higher as the Commonwealth is entitled to the instruction that there is a "presumption" of being under the influence.

The safest way to avoid drunk driving charges is to refrain from driving after drinking. I lecture to various groups and always suggest they call a cab, even if they have no cash. Many cab companies accept charge cards or an account may be established before you call. If you are arrested for DUI, it's important to contact a competent, reputable Virginia DUI attorney at the earliest opportunity.

Please feel free to call Carleton Penn, III, (703) 501-4900 to discuss this further.