What is Blood Alcohol Content (BAC)?
Blood Alcohol Content (BAC) is a measurement of the amount of alcohol present in a person’s bloodstream. Typically, this measurement is given as a percentage, which is then compared against the legal limits to determine whether or not an individual is above the legal limit for operating a vehicle. For example, if BAC measures .10% at the time of the test, that means 1/10th of alcoholic drinks in the bloodstream is consumed of alcohol. This measurement can be taken during a Breathalyzer test as well as through blood and urine tests. In the vast majority of cases, a Breathalyzer test will be requested and performed by an officer during the course of a traffic stop. The Breathalyzer device measures the amount of alcohol in your system based on your breath, or more specifically, the amount of alcohol on your breath. This is accomplished by measuring the breath that is exhaled from your lungs at the time of the test and comparing to this breath measurement against the BAC limits. If it is above the legal threshold , you are considered legally impaired. As with many things, this measurement comes with a margin of error. A BAC of .08% is the legal limit for driving in Massachusetts. This means that you can be charged with a DUI even if your BAC measurements are technically below that level. For individuals who are measuring too close to the legal limit, this can present a serious situation, as it can be hard to prove that the measurement was accurate. Ultimately, a measuring device can only provide BAC to a certain degree of accuracy. Even top-of-the-line devices are not perfect, and they are still subject to human error. Moreover, many people don’t realize how small the changes in BAC levels can be, and how those minor changes can have such a big impact on the legal system. Specifically, .01% is all it takes for a fully sober and healthy person to be legally impaired while driving. Another .01% difference means that the consequences become much steeper, resulting in more severe charges and penalties.
Legal BAC Limit in Massachusetts
A wide network of breathalyzers and "breath test" machines ensures that just about every motorist in the Commonwealth will encounter a blood alcohol level (BAC) test at one time or another. Massachusetts law is strict regarding BAC and driving under the influence. The bare minimum legal limit for driving in Massachusetts is .08 percent. Driving with a BAC of .08 percent or higher can, and usually does, lead to charges of operating under the influence of alcohol, or OUI.
For commercial truck drivers, the limit is lower: .04 percent. There must be a breath test conducted to make this BAC determination. Further, the .04 percent standard also applies to pilots, those flying planes carrying passengers or cargo. Because a pilot sitting at 30,000 feet directly affects the entire population of the United States, the courts are strict about dealing with a BAC above .04.
Massachusetts law is especially strict in dealing with drivers under the legal drinking age of 21. Driver’s of this age are subject to a restriction of .02 percent BAC. This is because even the smallest amount of alcohol can impair judgment and is so easily camouflaged as being caused by fatigue or stress. The courts take action against those who test over .08 percent, but there is room for reconciliation. Repeat offenders may be hitting the bottle a little too hard, but the first offense, on a BAC of .08 percent, may get the driver deferred judgment or a swift dismissal if the evidence is weak. The law is more concerned with the totality of the circumstances. Again, repeat offenders and those with a BAC of .15 percent or higher face the strictest penalties.
There are, of course, impairments of the senses that exist outside of alcohol impairment; fatigue, night time driving, smoking, and other factors can distort perception and coordination. It is up to the police officer at the scene to determine if a driver is under actual impairment of the senses due to something other than drinking while driving. The law does not care if you were tired or feeling sick. If you are behind the wheel while your BAC is above .08 percent, then you are legally under the influence and are subject to being charged with OUI.
License Suspensions for BAC over the Legal Limit
In addition to the criminal penalties associated with OUI charges, Massachusetts law imposes administrative penalties for defendants convicted of operating a motor vehicle under the influence, including fines, license suspensions, and fees. Unfortunately, with these drunk driving penalties, there is no distinction made for first-time offenders, repeat offenders, and repeat offenders who engage in particularly egregious behavior. Penalties that apply to every conviction include:
-Monetary fines, which range from $500 to $50,000 depending on the number of OUI/DUI convictions;
-Loss of license, which also varies depending on the number of previous convictions;
-Impoundment of your vehicle plates, which is generally one year;
-Installation of Ignition Interlock Device (IID), which applies to almost all first, second, and third convictions and all convictions for people who have multiple convictions within as little as 10 years.
Drunk driving and DUI, including drugs and alcohol, is a serious offense in Massachusetts. Therefore it is always best to avoid criminal and traffic enforcement by not being on the roads at all if you are impaired by alcohol or drugs. However, everyone makes mistakes, and should you be arrested on a Massachusetts DUI charge, it is vital that you contact an attorney immediately so your rights can be protected.
Factors that Affect BAC Levels
Once you know the state BAC legal limit, there are a number of factors that can determine whether or not you exceed it. Here are a few significant ones.
Body Weight
Generally, alcohol affects heavier people less than it does lighter people, primarily because heavier people have more body tissue, so they may be affected less after consuming a similar number of drinks. These are only guidelines, though, so they do not guarantee that one person will be less affected by alcohol than another. For example, a 120 pound woman and a 200 pound man may be equally affected by alcohol.
Gender
Women are often more affected by the same amount of alcohol than men, primarily because they tend to have less body water than men. Since alcohol is soluble in water , women may become affected more quickly than men after consuming the same number of drinks.
Food
While it is a common belief that eating food protects the user against becoming intoxicated, the reality is that food may at best slow down the absorption of alcohol into the blood stream. This will reduce its effect on the body for a time, but may not save you from a charge of DUI in the end. Eating food while drinking is always recommended, however.
Type of Drinks
The type of drink you consume may also be a factor. Beer, liquor and wine all provide about the same amount of alcohol per ounce, however cocktails tend to have a varying amount of alcohol depending on how much liquor and mixers they contain. The important thing to remember, though, is that whatever you drink, make sure it is something you enjoy and drink reasonably.
Myths about Blood Alcohol Content and Alcohol Intake
You may have heard some of the following "truths" about Blood Alcohol Concentration (BAC):
Drinking coffee will sober you up
While you may feel more alert after a cup of coffee, it does not sober you up. An intoxicated person will still have alcohol in their system.
Taking a cold shower will sober you up
Once again, while this may make you feel more awake, it will not sober you up.
Drinking a lot of water will sober you up
This is actually not necessarily true. Though drinking water may help ease your hangover, it will not do anything to your blood alcohol content.
Choosing a drink with a lower alcohol content will make you less intoxicated
Beer has a different alcohol content than wine (typically 4-6% versus 12-16%), but that does not mean you’ll get less drunk drinking beer than drinking wine. If you do the same number of shots as you do beer or drink the same number of glasses of wine as beers, your BAC will be relatively the same. An alcoholic drink only works faster if you are drinking hard liquor (spirits) because your body absorbs a shot of hard liquor faster than drinking the equivalent in beer or wine.
Eating will slow your intoxication down
A full stomach helps slow down alcohol absorption. But, alcohol also absorbs slowly on an empty stomach. In fact, food needs to leave the stomach before alcohol can. However, once alcohol leaves the stomach through digestion, your stomach can only absorb alcohol quickly. If you drink alcohol on an empty stomach, it will hit you harder, and you will feel the effects of drunkenness much faster.
Prevention and Resources
While knowing the legal blood alcohol level is certainly important, ensuring you do not reach that level in the first place is far more essential. One of the most obvious ways for individuals to prevent themselves from exceeding the legal BAC limit in Massachusetts is to plan a designated driver ahead of time. Should you or someone else in your group be responsible for another person’s safe return, the group can easily avoid the potential penalties of drunk driving, such as fines and loss of license.
Another excellent option is to use a breathalyzer device to get a reading on your BAC. Many businesses have breathalyzers available for customers free of charge as a public service, while standalone devices may be purchased at most pharmacies. This tool can help you to monitor how much you have consumed and any effects that alcohol might be having on your ability to safely operate a motor vehicle. In addition to personally owned devices, many law enforcement agencies have windshield devices which can determine BAC through analysis of a person’s breath.
Of course , organizations which provide ridesharing services such as Uber and Lyft have revolutionized the market, providing an affordable and convenient resource for transportation from one destination to another. When a group of friends is out, they can easily set up a carpool service or rideshare and avoid the potential accidental costs and penalties associated with exceeding BAC limits.
Another option is to simply have one or two individuals in a carpool agree to abstain from drinking for the night. When these individuals are neither drinking nor suffering a hangover the next day, it is much easier to avoid costly penalties associated with a DUI or license suspension, as well as the potential for an accident while driving under the influence.
Volunteer organizations dedicated to promoting responsible drinking such as Mothers Against Drunk Driving (MADD) work to educate the public on the dangers associated with drunk driving, as well as providing support for those who have been affected by driving under the influence.