What is BAC and Why is It Important?
Understanding the Legal BAC Limit in Texas: What You Need to Know
As the potential punishment for intoxicated driving is severe, authorities and prosecutors are constantly looking for ways to make BAC – or blood alcohol content – more accessible as a standard measurement of a driver’s capacity to operate a vehicle. So, what is BAC? BAC is simply the amount of percentage of alcohol that is contained within a person’s blood at any given time. As you may have seen on a DUI checkpoint sign, BAC is often referred to as blood alcohol level (BAL). It’s essentially the same thing, and usually ranges from .0% (none) to .26% (intoxicated). Each person’s BAC varies, depending on how alcohol is absorbed into their body based on certain characteristics of each individual.
BAC can be thought of as something of a "universal translator" for personal consumption of alcohol. It’s essentially a shorthand measure for establishing how much alcohol a person has had to drink and describes the effects that alcohol will have on that person. By law, each state has enacted its own measures for establishing BAC, the most common of which is a breathalyzer test. Breath Alcohol Analysis performs this testing in its $18 million dollar forensic laboratory where it does forensic systems design for chemical analysis and intoxilyzer testing equipment for law enforcement and criminal justice purposes. This process uses a device called an Intoxilyzer to calculate a person’s BAC. Intoxilyzers measure a driver’s BAC by pushing all of the air that he or she has exhaled into a sample chamber , where a chemical reaction occurs to see how much alcohol is present. The device then takes the BAC reading from this sample and calculates the percentage based on the amount of alcohol in a blood sample. State laws establish that anything over a BAC of .08% is considered intoxicated, and therefore punishable by law.
The reason a legal limit for BAC has been established is because, generally speaking, people tend to show signs of impairment and intoxication when their BAC is around .06% to .08%. This means that a legal limit of .08% allows a driver to have his or her wits about them, while still leaving leeway for any fluctuation in the results of the Breath Alcohol Analysis testing. Generally, the lower a person’s BAC, the less intoxicated they are. However, there are times when someone can be considered drunk even if their BAC is measured below .06%. The fact is that each person’s response to alcohol is different. For some, consuming just one drink can push them to the legal limit. For others, they won’t start to feel the effects until several drinks in. This also depends on other factors. For example, when a person eats while drinking, this will slow the absorption of alcohol into their bloodstream and they are less likely to reach the legal limit. It’s important to understand that everyone is different – some know their alcohol tolerance better than others.
The Legal Limit for BAC in Texas
In Texas, the legal BAC limit is 0.08 for standard motorists and drivers of commercial vehicles. However, it is 0.04 for commercial vehicles – essentially, any vehicle that is transporting goods, such as a taxi, bus or 18 wheeler. And, it is a zero-tolerance BAC for underage motorists, which means that any amount of alcohol can result in a DUI arrest and related charges, whether it is over .08 or not.
The legal limits of BAC and their exceptions are set out in Section 49.01 of the Texas Penal Code, which states:
"(2) "Alcohol concentration" means:
(A) the number of grams of alcohol per 100 milliliters of a solution or
(B) the number of grams of alcohol per 210 liters of breath.
(3) "Alcohol concentration" means the number of grams of alcohol per 100 milliliters of urine.
(4)(A) "Alcohol concentration" means the number of grams of alcohol per 100 milliliters of urine.
(B) "Alcohol concentration" means the number of grams of alcohol per 210 liters of breath.
- (5) "Commercial motor vehicle" means a motor vehicle designed or used to transport passengers or cargo that requires a commercial driver’s license under Chapter 522, Transportation Code.
- (6) "Commercial vehicle" means a motor vehicle used to transport passengers or cargo.
- (7) "Controlled substance" means a substance enumerated in Schedules I through IV of the Controlled Substances Act.
- (8) "Intoxicated" means:
(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a combination of two or more of those substances, or a combination of alcohol and another such substance into the body; or
(B) having an alcohol concentration of 0.08 or more.
"Vehicle" means any device in, on, or by which a person or property is or may be transported or drawn on a highway.
A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
Penalties for Exceeding the Legal Limit for BAC in Texas
Driving over the legal BAC limit is a serious offense with potentially significant consequences. Law enforcement officers in Texas will test for intoxication using the levels established under the law, which carry heavy penalties and fines. If convicted of driving above the legal BAC, you may be subject to a fine of up to $2,000 or even 180 days in jail, or both. This is in addition to the administrative license suspension that comes with failing or refusing an intoxication test. You may also be required to complete a drug education program and perform community service.
The consequences of exceeding the legal BAC limit also continue beyond an arrest and fine. A conviction will lead to having the charge listed on your permanent record and deprives you of your driving privileges in the future. If you are in a profession that requires a commercial driver’s license (CDL), your ability to retain this status will be severely curtailed.
If you have previous convictions for any alcohol-related offenses, or have been in an accident where a fatality was involved and you were over the legal limit, the penalties are that much stricter. Even if you weren’t at or above the legal limit, if two independent witnesses testify that they saw you driving while you were intoxicated, that testimony might be enough to have you prosecuted and found guilty.
Furthermore, a conviction may affect your employment opportunities. In addition to any fines or potential jail time, a conviction for excess BAC will stay on your permanent record as a misdemeanor (or felony if you caused bodily injury) and will create a permanent mark on your criminal record. While there is an expungement process through which you can request the court to seal a conviction from your record, there are strict qualifications you must meet, and even then, it can be difficult to get your conviction erased.
Drivers charged with exceeding the legal limit can face stiff penalties and should seek strong legal representation immediately. The help of a qualified and experienced attorney will give you the best chance of avoiding severe and costly penalties, as well as help to minimize the damage to your personal and professional life.
How BAC Impacts Driving Performance
The physical and psychological effects of alcohol are cumulative; as BAC increases, the impairing effects of alcohol do too. As such, even if two people share the same weight and alter their drinking patterns by a few minutes or a drink, it could result in dramatically different impairment levels, particularly after they have consumed more than five standard drinks.
Your blood contains red blood cells, white blood cells, and platelets. The red blood cells carry oxygen. Platelets and white blood cells are vital to your immune system. Red blood cells are the most numerous, but white blood cells and platelets play many different roles. When alcohol enters your blood stream, it alters these cells in order to produce its many physiological effects.
Though there is a great deal of variability in how people are affected by alcohol, studies indicate that a BAC of over 0.05% should start to produce the effects of alcohol.
Minor adverse physical effects become apparent at this BAC level. For instance, driving ability, reaction time, tracking ability, multitasking, and other skills that you need for driving may become impaired . Use of alcohol at this BAC level results in impairment that is similar to the impairment caused by driving after 8 hours of not sleeping.
At a BAC level of 0.10% – which is almost .03% over the legal limit for drunk driving in Texas – driving ability and coordination become impaired, and an impairment similar to that of driving after 12 to 15 hours of sleeping becomes present.
At 0.15%, impairment becomes equivalent to the impairment of 24 hours of not sleeping. Alcoholic blackouts become likely, and the drinker significantly loses control over the behavioral effects of alcohol.
Alcohol begins to cause drinking to take priority in life at BAC levels between .16% and .19%.
A BAC between 0.20% and 0.29% is associated with the inability to maintain consciousness, a marked impairment on most tasks, a significant blackout risk, and possible loss of consciousness.
At BACs above 0.29%, death due to respiratory arrest and acute overdose are possible.
Studies indicate that most people perceived by law enforcement to have committed drunk driving offenses have BAC levels between .15% and .20%. BAC reports are sometimes erroneous, but forensic assessments will reveal that BAC accounts account for errors.
Tips to Keep in Mind When Driving and Consuming Alcohol to Avoid a DUI
While the legal blood alcohol limit for driving in Texas is .08 percent, it is advisable to keep your BAC under that threshold to ensure you do not exhibit any significant signs of intoxication. Here are some tips for drinking in moderation and avoiding a DUI charge:
One way to avoid getting a DUI is to not drink at all while knowing you’ll be getting behind the wheel later. If you do drink, know how much alcohol you can consume before hitting .08 percent. You may also want to talk with friends to determine how quickly you are affected by alcohol, and keep within that standard of impairment. Not everyone is able to make the sacrifices required to stay sober. In that case, you should obtain a designated driver before you leave the house. Make sure this person knows where you intend to go and be sure to stay together throughout the night. A designated driver should never drive while under the influence. Rather than relying on a friend, you may want to schedule a rideshare service ahead of time. Rideshares are often affordable, even on big nights. Always be sure to check your driver’s rating, and never pay in cash. If you do need to tip your driver, have some change ready to go. Never get into a driver’s car without a picture and license plate number that matches those of the drivers scheduled with your ridesharing app.
Defenses Against BAC Related Offenses
An individual charged with operating a motor vehicle while above the legal limit of 0.08% will need to consider possible defenses with their attorney. A lawyer with a substantial amount of experience handling driving while intoxicated cases in Texas will be able to aggressively represent their client in Texas no matter the charges.
A multitude of legal defenses can be mounted against an individual. The most common defense exercised by a lawyer is the challenge of the accuracy of the blood alcohol concentration test. They may prove that the test was not given in conformity with Texas law or that the machine was improperly maintained and not working properly at the time of the test. There are many potential flaws in the technology that are as follows: The off-the-shelf breathalyzer is a machine manufactured for use in the general population and given in bulk. The more expensive alternative , the breath-to-licence system, is supposed to be a custom job. But that hasn’t always been the case. Texas breathalyzers provide at least four ways to get around the accuracy of alcohol in the lungs and convert it to a blood or BAC reading: The jury will come into contact with the subject and be asked to make a determination regarding guilt or innocence. The one thing they will not hear is the state’s case-because in Texas the results of a breath or blood test are inadmissible if refusal is asserted.