Drinking and driving is not taken lightly in New York, with hefty fines and anywhere from a misdemeanor charge to a class E felony. Driving while intoxicated (DWI) can cause dangerous conditions on the road and put people in harm’s way due to driving impairments caused by drugs or alcohol. Therefore, understanding how blood alcohol content is measured and tested and the legal limits may help avoid DWI convictions and help keep roads safer.
However, in some circumstances, alcohol BAC tests may be required after the drive itself. If the driver’s alcohol BAC was not measured while they were actually driving, some may wonder what good a test will do after the fact. However, due to the way that alcohol is absorbed and eliminated in the body, these tests may be able to point to how much alcohol was in a driver’s blood even hours after the fact.
An experienced New York DWI attorney from The Law Office Of Benjamin Greenwald may be able to help clarify the tests and requirements for alcohol BAC in New York. Consider scheduling a consultation today by calling (845) 567-4820.
What is Alcohol BAC?
Blood alcohol content (BAC) is the general standard of measure for how much alcohol is in one’s blood. When consuming alcohol, the stomach absorbs it into the bloodstream to be processed as a toxin by the liver. However, the liver can only process so much alcohol at once, which means drinking more alcohol will increase the individual’s alcohol BAC.
A person’s alcohol BAC may vary depending on several factors, including how much alcohol they are ingesting, how quickly they are drinking, their height and weight, as well as how much food they ate beforehand. However, according to the Cleveland Clinic, most people can safely metabolize one standard alcoholic drink every 1-2 hours.
Effects of High BAC
As the individual’s alcohol BAC starts to rise, however, they may begin to show signs of intoxication which can impair both sensory functions and decision-making capacities. At 0.05% BAC, the individual will become more uninhibited and may experience altered moods, lowered alertness, and impaired judgment. At 0.08% BAC, one may experience reduced muscle coordination and difficulty detecting danger or reacting to threats. Once an individual reaches 0.10% BAC or higher, they may experience symptoms such as nausea, vomiting, slowed reaction times, loss of balance, and confusion.
How Is BAC Measured?
Blood alcohol content (BAC) is determined by the percentage of alcohol present in the individual’s blood. This would mean that an alcohol BAC of 0.10% means that for every 1,000 parts of blood in the individual’s system, there is one part alcohol. This can be measured in several ways, including via the individual’s blood, breath, urine, or saliva. The most common methods of testing alcohol BAC are via a blood test or a breathalyzer.
New York Legal Limit
In New York, law enforcement officials take driving while intoxicated (DWI) seriously. The legal limit for alcohol BAC while driving is 0.08%, anything over this amount may lead to a DWI conviction. However, it is important to note that driving with an alcohol BAC below 0.08% will not necessarily exempt an individual from charges if they are driving recklessly under the influence of alcohol. An alcohol BAC of more than 0.05% can still cause significant impairment and may be grounds for a DWI charge.
For more information on how blood alcohol content may affect a DWI case, consider speaking with a skilled New York criminal law attorney from The Law Office Of Benjamin Greenwald.
How Quickly Does the Body Metabolize Alcohol?
The body can take up to two hours to metabolize one standardized drink, which the New York State Governor’s Traffic Safety Committee defines as 12 ounces of beer, 4-5 ounces of wine, or 1 and ½ ounces of hard liquor. In more scientific terms, the body can metabolize 0.02% BAC every one to two hours. This means that if an individual reaches the legal limit of 0.08% alcohol BAC, it can take between four and eight hours to fully metabolize all of the alcohol in the individual’s system.
Understanding this may help show how a blood alcohol test taken later than the event of a traffic incident may still indicate a DWI. Using this metric, an attorney or prosecuting party may be able to extrapolate how much alcohol was in an individual’s blood supply based on a later BAC test.
Alcohol Absorbs into the Bloodstream Slowly
An additional factor that may affect a DWI incident is the rate at which alcohol is absorbed into the bloodstream. While some people may assume that once they stop drinking, their alcohol BAC is set. However, many people drink faster than their stomach and intestines can absorb the alcohol.
This means that over time, their BAC increases even after they stop drinking. Eventually, the rate at which the liver eliminates alcohol from the system will balance, and then overtake the rate at which alcohol is absorbed. However, this means that an individual’s BAC is not set at the moment they stop drinking. Even if the individual is below the legal limit when they stop drinking, this may not stay the same.
How Long to Wait to Drive After Drinking
Many websites, people, and other sources will offer various methods to sober up faster than normal. Some suggest cold showers, brisk walks, or coffee. However, these methods do not have solid scientific backing to prove that they reduce BAC. The only proven way to ensure that the alcohol is metabolized from an individual’s system is to wait the recommended time based on the number of drinks consumed.
Generally, each standardized drink will require anywhere from one to two hours to be fully eliminated from the bloodstream. Therefore, for four standardized drinks, one would be expected to wait between four and eight hours before driving to ensure that the driver is not impaired by the effects of the alcohol.
Contact a New York DUI Lawyer Today
Driving while intoxicated in New York can carry serious penalties, such as fines and a permanent criminal record. Understanding how alcohol BAC is measured and how it affects the human body may help guide decision-making and help avoid dangerous situations. Additionally, it may help clarify how a later alcohol BAC test could relate back to a driving incident. For more information on DWI law, consider speaking with a skilled DWI lawyer from The Law Office Of Benjamin Greenwald. Schedule a consultation today by calling (845) 567-4820.
