This shouldn’t amaze you, but blood alcohol content, or blood alcohol concentration (BAC) is a measure of how much alcohol is in your blood. It is usually expressed in terms of volume of ethanol per volume of blood, and is scientifically measured by calculating the ratio of ethanol to blood within your system. Ethanol in your blood is a byproduct of the broken-down alcohol that you consume. Therefore, if you have a BAC of .12, you have .12 grams of ethanol per 210 liters of breath, which equals .12 grams of ethanol per 100 milliliters of blood. If your BAC is above .08 and you are operating a vehicle in Mississippi, you are wrong.
How is BAC measured?
In practice, BAC is determined by breath, blood, saliva or urine testing. Law enforcement will typically try to talk/coerce/influence you into taking one or more of these tests shortly after you are stopped. Blood testing is the “gold standard” method to determine your BAC, but since it requires the drawing of your blood by a doctor or other qualified medical professional, most of the time your DUI will be based on a breath test. Remember, you can refuse a breath test. Also remember that you can get a DUI without a BAC, if the prosecution can prove by other means that you were operating a vehicle in Mississippi while under the influence of alcohol.
To be such a relatively small misdemeanor, a DUI on your record can have lifelong effects. A DUI is never cut-and-dried. Each case is factually different, with only one common theme: the prosecution wants a conviction on every one. If you are arrested and charged with DUI, give me a call and I’ll discuss it with you.
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You make a very good point that a DUI on one’s record can last forever. I often say it is like a diamond in that sense. BAC testing especially by breath is notoriously inaccurate. Keep up the good posts.
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-Justin J. McShane, Esquire Harrisburg DUI lawyer
[...] Mississippi it is against the law to have a blood-alcohol concentration (BAC) over .08 when you are driving. WHEN you are DRIVING. Not WHEN you are TESTED. It can often [...]