The difference between an individual’s blood alcohol content (BAC) and tolerance comes down to how the police measure the amount of alcohol in a person‘s system versus how an individual handles the alcohol in their system.
Your BAC represents the percentage of alcohol currently in your bloodstream. Your tolerance, on the other hand, refers to how much alcohol you can consume before you begin to feel the effects.
Alcohol tolerance does not impact an individual’s BAC. You can learn more about both BAC levels and tolerance from a Los Angeles DUI lawyer.
Tolerance vs. BAC
Blood alcohol content (BAC) and alcohol tolerance deal with different things, though they both relate to alcohol consumption. In short, an individual’s alcohol tolerance deals with the amount of alcohol they can drink without effects.
BAC, on the other hand, refers to a measurement of the alcohol in someone’s blood. These two terms do not have a direct relationship to one another.
Understanding Blood Alcohol Content (BAC) Levels
What is BAC? Blood alcohol concentration (BAC) is the amount of alcohol in a person’s bloodstream, expressed as a percentage. For example, if you register a 0.10% BAC, it means that there is one part alcohol for every 1,000 parts of blood in your body.
Why Does BAC Matter?
In California, the legal limit for a driver’s blood alcohol level is 0.08%. So, if your BAC is 0.08% or higher when operating a vehicle, you can be charged with DUI. If you are under 21, a BAC of 0.01% or higher is over the legal limit.
If your BAC is 0.01% or higher at any age and you are on DUI probation, you are over the legal limit. If you have a blood alcohol concentration of 0.04% or higher and are operating a vehicle that requires a CDL, whether or not you have a CDL, you are over the legal limit. The same BAC limit applies to someone driving a vehicle-for-hire when a passenger is in the vehicle.
What Impacts Your BAC Level?
Several factors can impact your BAC level, including the following:
- The number of drinks and how quickly you consume them
- The size of your body
- The composition of your body (muscle versus body fat)
- Estrogen and testosterone levels
- Additional medications or drugs in your system
- Whether or not you have any food in your stomach
- If you are menstruating
- Your level of fatigue
- Your mood and emotional state
- The type of beverage or mixer you are drinking
Police officers can use a breath test, blood sample, or urine test to measure BAC. You can learn more about these tests and the differences between tolerance and BAC with your attorney.
What Is Alcohol Tolerance?
Tolerance is how the body gets acclimated to the consumption of alcohol because of continued use. Alcohol tolerance does not impact your BAC, but it makes alcohol users feel that they are less impacted by alcohol than they really are.
Individuals with a higher tolerance may sometimes drink more alcohol before experiencing slurred speech or other signs of inebriation. However, the police will not take tolerance into consideration when deciding whether or not to arrest someone for driving under the influence (DUI) based on their BAC.
Why Do You Need a DUI Lawyer?
Whenever you are pulled over and arrested for suspicion of DUI, you should speak to an experienced DUI lawyer. Doing so ensures that your rights are protected every step of the way as you work to fight the charges.
A DUI lawyer in Los Angeles will also ensure that the police:
- Had probable cause to initiate the traffic stop
- Followed the chain of command regarding a blood test
- Did not illegally search you
- Followed other laws
An attorney can help build your defense even if you fail a BAC test. These tests do not always return the correct results, especially if police officers fail to administer them correctly.
What Should You Tell Your DUI Attorney?
When talking to your DUI attorney for the first time, you should tell them the following:
- If the court ever convicted you of a crime in the past
- If people saw you drinking before your arrest (were you at home or were you at a public place?)
- If you answered any questions asked by the officer during the traffic stop
- If you have any medical conditions
- If you were or were not able to perform the field sobriety tests
You need to provide this information to your Los Angeles DUI attorney so they are not faced with any surprises while building a defense to the charges.
Once you contact an attorney, they can begin working on a personalized defense. Your lawyer can also answer any questions you have while providing more information about the difference between BAC and tolerance.
Does California Have a Zero Tolerance Law?
Yes, there is a zero-tolerance law in California, and it affects two categories of people: those who are under the age of 21 and those who are already on DUI probation. CA Vehicle Code 23136: Underage Drinking makes it illegal for anyone under 21 to drive with any measurable amount of alcohol in their system.
If you are found to have a BAC of 0.01% or more and are under 21, the DMV can suspend your driver’s license. If your BAC is over 0.05% and you are under 21, you can face DUI charges. You do not have the right to refuse a Preliminary Alcohol Screening (PAS) because you are under 21.
You will be subject to the zero-tolerance law of California if you are on DUI probation already, and the police pull you over for suspicion of DUI. You are required to submit to a PAS test if pulled over for DUI. A refusal can result in a one-year driver’s license suspension. This law does not have anything to do with alcohol tolerance.
Call Los Angeles DUI Lawyer Today
So, what is the difference between BAC and tolerance? Your BAC is nothing but a measurement of the alcohol in your system. Alcohol tolerance, on the other hand, refers to how much alcohol an individual drinks before feeling any effects.
An experienced criminal defense attorney can give you more information about this distinction and help after an arrest. At Los Angeles DUI Lawyer, we connect people like you with lawyers who can help you mount a strong defense. We’ve assisted thousands of clients, and we are prepared to be your legal resource as well.
Contact us today to kickstart your defense.
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