The 3 BAC limits that apply to drunk driving charges

People accused of drunk driving generally face criminal charges in one of two situations. Many people get arrested when they display obviously diminished driving abilities, such as when they swerve all over the road or cause collisions.

The state can also prosecute people who fail chemical breath tests. There are legal limits established in state statutes that apply to people in different circumstances. If a test result shows that a driver has a blood alcohol concentration (BAC) over the limit that applies in their case, they may face charges even if their driving wasn’t particularly bad.

What are the three different limits that apply to a driver’s BAC?

The zero-tolerance underage driver limit

Young drivers who are not yet 21 years of age are subject to the strictest BAC limit established under state law. Generally speaking, if test results show that an underage driver has a BAC of 0.02% or higher, that can be enough to warrant drunk driving charges. That level is relatively low, and the young drivers subject to that limit may not feel intoxicated despite technically being in violation of the law.

The commercial vehicle limit

Some vehicles are objectively more difficult to drive safely than others. Commercial vehicles including semi-trucks and buses are difficult to maneuver and take longer to slow down in traffic. Therefore, the state maintains a lower alcohol limit for those actively operating commercial vehicles. A professional in control of a commercial vehicle can face drunk driving charges if they have a BAC of 0.04% or higher.

The standard adult limit

For those who can legally drink and who are in control of standard passenger vehicles, the applicable BAC limit is 0.08%. Most people feel a degree of impairment at that BAC level, although those who regularly drink may still feel as though they can drive safely despite being at or over the legal limit.

Those facing drunk driving charges based primarily on alcohol levels rather than driving performance may have several options available if they want to defend against the allegations at issue. Discussing what happened prior to an arrest with a skilled legal team can help motorists determine the best response to pending charges.