Measuring a person's Blood Alcohol Concentration (BAC) level is a key element in determining whether they were legally driving under the influence of alcohol (DUI).
BAC measures the amount of alcohol in a person's bloodstream. In California, a BAC of 0.08% or higher is considered legally intoxicated for drivers aged 21 and over; for drivers under age 21, a BAC of any amount (0.01%) is illegal.
However, not all individuals metabolize alcohol the same way. Various factors such as height, weight, age, and gender can significantly affect BAC levels.
Simply put, many factors can affect blood alcohol concentration (BAC), including the number of drinks consumed, how quickly they are consumed, and the strength and size of the drink. The amount of water consumption also tends to affect BAC levels.
What and how much you eat before drinking can impact BAC. Some medications, like aspirin and ibuprofen, can impact BAC because the liver metabolizes them.
Also, people with more muscle mass and a higher body weight typically have a lower BAC than those with less muscle mass and a smaller body weight. Someone's metabolic rate can also influence their BAC, which is affected by diet, digestion, fitness, emotional state, and hormonal cycle.
Someone's health condition can impact how quickly alcohol is absorbed into the bloodstream and metabolized. A lack of sleep can reduce tolerance, meaning you might experience impairment at a lower BAC level. Carbonated drinks can increase the rate at which alcohol passes through your stomach, which can lead to a higher BAC.
Understanding how these factors affect a BAC reading is crucial for your defense strategy. It empowers you to take an active role in your case and understand the complexities of BAC levels.
Let's look at the common factors that can impact your BAC level and how a California criminal defense attorney might leverage this information in your defense.
Height
While height alone does not directly influence BAC levels, it often correlates with other factors like body composition and overall body mass. This understanding can make you more informed and aware of how your unique physiological characteristics could result in a BAC reading that appears elevated but does not necessarily indicate impairment.
Defense Strategy Consideration
In a DUI case, a criminal defense attorney in California might use height, in conjunction with weight and body composition, to argue that the standard BAC measurements may not accurately reflect the individual's level of impairment.
The attorney could bring in expert testimony to explain how the person's unique physiological characteristics could result in a BAC reading that appears elevated but does not necessarily indicate impairment.
Weight
Weight is a crucial factor influencing Blood Alcohol Concentration (BAC) levels. Typically, individuals with higher body weight exhibit a lower BAC after consuming the same quantity of alcohol compared to their lighter counterparts.
This is due to the increased body mass, which provides a greater volume of blood and bodily fluids to dilute the alcohol. Conversely, those with lower body weight have less volume available for dilution, resulting in a higher BAC.
Defense Strategy Consideration
When defending against DUI charges, a defense attorney might highlight the individual's weight and its impact on their BAC. For instance, if the defendant is on the lower end of the weight spectrum, the attorney could argue that even a small amount of alcohol could lead to a disproportionately high BAC reading.
This argument could be particularly compelling if the individual consumed alcohol responsibly and was not showing visual signs of impairment.
Age
Age can play a critical role in how the body metabolizes alcohol. Younger individuals often metabolize alcohol more quickly than older adults. However, as people age, their metabolism slows, potentially leading to higher BAC levels for the same amount of alcohol consumption.
Defense Strategy Consideration
For drivers under age 21, an age-related defense against BAC readings would likely not apply since they are considered legally intoxicated with any measurable amount of alcohol in their bloodstream.
However, an experienced attorney might use this knowledge to argue that BAC levels in older clients could be skewed due to age-related metabolic changes, questioning whether these accurately reflect impairment.
Gender
Gender can significantly impact BAC levels due to physiological differences. Typically, women have a higher percentage of body fat and a lower percentage of water than men.
Since alcohol is water-soluble, it is less diluted in women, often resulting in a higher BAC compared to men of the same weight and alcohol consumption level.
Additionally, women generally produce less of the enzyme alcohol dehydrogenase, which helps break down alcohol in the stomach before it enters the bloodstream. This means women often absorb more alcohol into their bloodstream than men, leading to higher BAC levels.
Defense Strategy Consideration
A skilled defense attorney could leverage gender differences in BAC to cast doubt on the prosecution's case. For instance, if the defendant is a woman, the attorney might argue that the BAC reading is inflated due to physiological differences rather than impairment.
The defense could also present scientific evidence demonstrating how the same amount of alcohol affects men and women differently, challenging the validity of the BAC test results as an accurate indicator of impairment.
Other Factors Affecting BAC
Some other factors that can affect someone's blood alcohol concentration (BAC) include the following:
- Type of body build - People with small frames may have a higher BAC than large-framed people who have drunk the same amount of alcohol.
- Amount of body fat - Body fat does not absorb alcohol, so alcohol is more concentrated in anyone with a high proportion of body fat.
- Drinking on an empty stomach - If you have food in your stomach, it slows down the rate at which alcohol passes into the bloodstream.
- Drinking quickly - This can significantly impact your BAC. This is a reminder that responsible drinking, which allows your body to metabolize one standard drink per hour, is crucial to avoid high BAC levels.
- Percentage of alcohol in a drink - The higher the percentage, the higher the BAC.
- Type of alcohol - Some types of drinks are absorbed more quickly.
- Time since last drink - Your body can only break down one standard drink per hour, meaning the BAC may still be rising several hours after drinking has stopped because the alcohol takes time to be absorbed.
- Use of other drugs - While drug use will not affect BAC, it could mask the effect of alcohol. For example, stimulants like speed and ecstasy might make someone feel more sober than they really are and cause dehydration. Cannabis or other depressants like flu medication, combined with alcohol, decrease alertness and motor skills more than just consuming alcohol alone. Also, alcohol combined with some antibiotics might cause headaches and reduce the effectiveness of the antibiotics.
For additional information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,