Can You Be Charged If Your Bac Is Lower Than 0. 08?

It’s illegal to drive in Illinois with a blood alcohol concentration (BAC) of 0.08 or higher. (Note that some types of drivers are subject to an even lower limit.) Yet, you can get into trouble even when under the relevant limit if your driving has been impaired by alcohol.

People are affected by alcohol differently. That’s why someone may have a BAC lower than the legal limit and still be unfit to drive. Below are three factors that can impact one’s BAC:

1. Body weight and size

Generally, individuals with a higher body weight and larger body size have higher blood volume and body fluids. Thus, they can dilute alcohol more effectively than someone with a lower body weight and smaller body size.

2. Gender

On average, men have a higher percentage of body water than women. This means a man can dilute alcohol faster, lowering their BAC. A woman who consumes the same amount of alcohol as a man or even less may be more impaired because the concentration of alcohol in their bloodstream will be higher.

Alcohol dehydrogenase (ADH), which helps break down alcohol, can also affect how males and females are affected by alcohol. Men have higher levels of ADH in their stomach lining than women. Thus, a significant amount of alcohol in a man can be metabolized in the stomach before it reaches the bloodstream. Since women have lower ADH levels, more alcohol can enter the bloodstream.

3. Stomach content

Eating before drinking can slow down the absorption of alcohol into the bloodstream, lowering one’s peak BAC. Someone who drinks on an empty stomach may have more alcohol in their bloodstream even if they had fewer drinks.

You may face a driving under the influence (DUI) charge despite your BAC being below the legal limit. If this happens to you, get more information about the defense strategies you can employ.