In 49 out of the 50 U.S. states, the legal blood alcohol content limit is .08 percent. When an individual is caught driving with a blood alcohol content above this limit, they are considered to be driving under the influence and can face criminal charges. For commercial drivers, the limit is just 0.05 percent alcohol. The amount of alcohol that it takes to be over the legal limit varies from person to person. Many different factors affect BAC, including body weight, the amount of alcohol consumed, food consumption, and the rate of alcohol consumption. For some people, it may only take two or three drinks to be over the legal limit.
However, understanding when a person is legally intoxicated is not this straightforward. In some cases, a defendant may be charged with DUI even if their BAC was below the legal limit when they were initially stopped by law enforcement. This is because BAC can continue to rise after consumption while still in the body, leading to an increased reading when tested at a later time. This phenomenon is known as “rising blood alcohol,” and it is sometimes used as a defense for DUI cases in court.
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