The standard procedure for seeing if a driver is under the influence of alcohol is by taking a measurement of their blood alcohol concentration, or BAC. Oftentimes this is conducted with the help of a breathalyzer, but police can also take measurements through blood or urine samples. This reading helps to determine if the individual is operating a vehicle with a BAC over the 0.08 legal limit. But outside of that 0.08 threshold, does your BAC really matter for your criminal case? We explain why your BAC is quite important to your criminal case in today’s blog.
The Importance Of BAC Readings
Even though breathalyzers are not a perfect science, they can be used to support or contest the notion that the driver was under the influence of alcohol at the time they were pulled over. But your specific blood alcohol concentration can have a big impact on how your case plays out. Here’s a look at some thresholds and important numbers when it comes to BAC in Minnesota.
0.04 – We mentioned that the legal limit for drivers in Minnesota is 0.08, but the limit is actually lower for CDL drivers who are operating a commercial vehicle. If a CDL driver is caught driving a commercial vehicle with a BAC above 0.04, they can be hit with a DUI.
0.08 – If you’re at or above this threshold, there’s a good chance you’ll be booked for DUI. However, police can still criminally charge you even if you’re not over the 0.08 limit if you are near it and other evidence suggests you are impaired by alcohol or other substances.
0.16 – If you are caught operating a vehicle with a blood alcohol concentration at or above 0.16, you can face upgraded DUI charges. A standard DUI below this threshold is considered a misdemeanor offense, punishable by up to 90 days in jail, fines up to $1,000 and license restrictions. However, if your BAC is more than double the legal limit, the charges can be upgraded to a gross misdemeanor, which is punishable by up to a year in jail, fines up to $3,000 and more severe driver’s license restrictions. You never want a DUI, but you certainly don’t want to be caught driving with a high BAC, otherwise the consequences will be more significant.
As you can see, your BAC does impact your criminal case, and DUIs aren’t all the same. Your BAC will come into play, and we know how to contest the results of your testing or frame your defense so that your case doesn’t come down to an inaccurate science. For more information, or for help with a different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
