What Is A High BAC For A DUI? 2024 Guide

The concentration of alcohol that is in a person’s bloodstream at any one time is dependent on a number of different variables, but the primary indicator is the amount of alcohol a person has consumed and over what period of time. As a general rule of thumb, the body can metabolize the alcohol in one standard drink in about an hour. Drinking more alcohol over a shorter period of time causes blood concentrations to rise.

There are recognizable indications associated with increasing blood alcohol concentrations:

• BAC of 0.02%. At this concentration, mood is affected and judgment to a lesser degree, as well.
• BAC of 0.05%. More filters come off and behavior can become exaggerated and more noticeable. Coordination and muscle control may be affected.
• BAC of 0.08%. Processing speed has slowed sufficiently to impair perception and coordination, making reaction times also slower.

Certain differences between people and the circumstances surrounding the consumption of alcohol affect blood alcohol concentration levels so that two people drinking the exact same amount of alcohol may not have the same BAC numbers.

The speed at which alcohol is metabolized depends on the conditions of the body consuming it, including:

• Body size and composition. Water dilutes alcohol concentration. So the more water in the body, the more diluted the alcohol concentration becomes. Muscle tissue contains more water than fat tissue. The bodies of larger people likely have more water and have a more diluted blood alcohol concentration than those of smaller people.
• Food eaten. When there is food in the stomach, alcohol enters the bloodstream more slowly because digestion delays the alcohol from going into the small intestine where most of it gets absorbed. Since fatty foods take the longest to digest, they are the most effective at delaying alcohol from getting into the blood.
• More alcohol consumed in less time. Anyone drinking more than one standard drink an hour should expect their BAC to be increasing because the alcohol is coming in faster than the body can metabolize it.

Other factors include hormone levels, medication the person is taking, mood or fatigue level, as well as the type of drink or mixer.

Most states now impose additional penalties on drivers who have BACs that are considered dangerously high. Persons with a high BAC are more likely to be involved in fatal traffic accidents. In most states, a BAC of 0.15% or higher incurs more severe penalties.

The impairment associated with a BAC of 0.15% or above is significant:

• BAC of 0.15%. Trouble walking and talking due to severe loss of muscle control affecting balance and coordination. Judgment and decision-making are unreliable.
• BAC of 0.16-0.20%. Confusion and uncontrolled, sloppy movements. May have feelings of being dizzy or sick.
• BAC of 0.21-0.30%. Repeatedly falling and needs help to stand. A person doesn’t seem to feel pain. Blackouts are likely to occur. Vomiting is common.
• BAC of 0.31-0.40%. Nearing a lethal concentration of blood alcohol. May lose consciousness. Coma and death can follow.

According to the National Highway Traffic Safety Administration (NHTSA), there were 11,654 fatal traffic accidents related to alcohol impairment in the U.S. in 2020. Alcohol impaired driving was involved in 30% of the nation’s traffic fatalities. The statistics show that motorcycle drivers are the most likely to die in alcohol-related crashes.

They also show that 67% of the alcohol-impaired driving fatalities involved at least one driver with a BAC at or over 0.15%.

Because there is such a strong correlation between high BAC and traffic fatalities, most states have enacted harsher penalties for driving with a high blood alcohol concentration.

Texas (1,018), California (765) and Florida (571) are the three states with the most traffic fatalities in 2020 where blood alcohol concentration was 0.15% or greater. But Rhode Island (67) had the highest percentage (30%) of high BAC traffic fatalities. Each state imposes stricter penalties for convictions of driving with a high BAC.

Texas

Under Texas law, a driver with a blood alcohol concentration of 0.15% or higher will be charged with a Class A misdemeanor, which is the same penalty that is imposed for getting a second DWI. A conviction for a high BAC DWI can mean fines up to $4,000, jail time up to one year and suspension of a driver’s license for up to two years.

California

The California Vehicle Code says that being convicted of drunk driving with a BAC of 0.15% or more is a ‘special factor’ that may be used to justify increasing the penalties imposed during sentencing and can influence the terms and conditions of probation.

The penalties imposed for a first DUI conviction without high BAC can be probation or up to 6 months in jail, a fine of up to $1,000 and an immediate suspension of driving privileges, which can last up to 6 months. Conditions such as installing an ignition interlock device and completing a several month alcohol education program may also be required to restore driving privileges.

Florida

In Florida, persons convicted of driving under the influence with a BAC of 0.15% or higher will face higher fines and longer jail time. For a first high BAC offense fines can be up to $2,000 and jail time up to nine months. A driver’s license may be revoked for up to one year if there was no bodily injury. Reinstatement of driving privileges requires completion of DUI education and installation of an interlock ignition device.

Rhode Island

Rhode Island’s standard DUI penalties apply to persons convicted with blood alcohol concentrations of 0.08-0.10%. Persons who have BACs over 0.10% but less than 0.15% face slightly increased penalties. A DUI conviction with a BAC of 0.15% or more costs a $500 fine, a minimum of 20 hours of community restitution and/or jail time up to a year. A driver’s license may be suspended up to 18 months. DUI education or substance abuse treatment is required.