Blood Alcohol Concentration in Anaheim

The results of a urine/blood test or breathalyzer will mostly determine the charges that will be brought against you for a DUI and the sentencing that you will face.

The blood alcohol concentration, or BAC , is a measure of the amount of alcohol in your blood stream. More specifically, it is a percentage measure of either:

  • The grams of alcohol per 210 liters of breath or
  • The grams of alcohol per 100 milliliters of blood

In Anaheim, as in the rest of California, driving with a BAC of over 0.08% amounts to a DUI offense (driving under the influence).

BAC and defense of the DUI offense

It’s important to note that California DUI laws relate to a BAC at the time of driving and not at the time of testing. This makes for a huge variation that is sometimes difficult to prove.

If you are tested and found to have a BAC of 0.08%, the court assumes (unless it’s proved otherwise) that you are intoxicated. This is the so-called ‘per-se’ offense, and is part of the proof required to convict you of a DUI.

That being said, the tests used to make a determination for BAC (especially the breath tests) can sometimes be quite unreliable. If you have a DUI attorney who has knowledge in the science behind BAC analysis, you can contest and win the DUI charges brought against you.

Additionally, your attorney could also argue about your individual tolerance for alcohol. Although tolerance may not be an issue for the per-se offense, it will be quite relevant for a DUI offense.

Call Johnson Criminal Law Group today about your DUI charges.

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