s blood alcohol level different from blood alcohol concentration? 38 Answers as of May 30, 2013

Is blood alcohol level different from blood alcohol concentration? Can I be charged differently for these two things?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Generally speaking, it's usually the same term. A person's concentration of alcohol in their blood stream is essentially their blood alcohol level.
Answer Applies to: Michigan
Replied: 7/23/2012
The Woods Law Firm
The Woods Law Firm | F.W. Woods Jr.
Yes.
Answer Applies to: South Carolina
Replied: 5/30/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
No, same thing. Just different terminology.
Answer Applies to: Massachusetts
Replied: 4/11/2012
Law Office of Gregory Crain | Gregory Crain
Both are the same. No.
Answer Applies to: Arkansas
Replied: 4/10/2012
The Jordan Law Firm
The Jordan Law Firm | John Paul Jordan
Both Blood Alcohol Concentration and Blood Alcohol Level are derivatives of Blood Alcohol Content. They are just two ways of saying the same thing. Similar to saying "I was driving my car" or "I was driving my truck". Both are describing the same thing.
Answer Applies to: Oklahoma
Replied: 4/9/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Different? No. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. Of course you can fight the criminal charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 4/9/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. It's the same thing.
    Answer Applies to: New York
    Replied: 4/9/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    They are essentially the same. Under California law, if you have a blood alcohol concentration of .08% or higher the law presumes that your judgment was impaired to the point that you could not safely operate a motor vehicle. If the concentration is less than that, the prosecution must prove impairment beyond a reasonable doubt. In the latter cases, prosecutors often use various theories and fuzzy math to try to show that, while your BAC was below .08% when the test was done, it was likely higher than that when you were actually driving the car. If they do, they may refer to the test results as your blood alcohol concentration and the driving time as your blood alcohol "level" to make their speculations seem realistic or reliable.
    Answer Applies to: California
    Replied: 4/9/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    The distinction lies in the type of alcohol test. There are not two separate charges for this distinction in Michigan. You should direct your question based on your individual situation to your attorney. There may be some significant things which will greatly affect the defense of your case. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    No.
    Answer Applies to: California
    Replied: 5/30/2013
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can't be charged with both.
    Answer Applies to: Alabama
    Replied: 4/9/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    No there is no difference between blood alcohol level and blood alcohol concentration. Whether it is a breath or blood test, the result represents how much alcohol is in your blood stream. You cannot be charged separately based upon the result. However, you can be charged based on three separate 'theories": l. Under the influence which means you are too impaired to drive safely; 2. Your blood alcohol is above .08 at the time of driving; 3. Your blood alcohol is above .08 within two hours of driving.
    Answer Applies to: Nevada
    Replied: 4/9/2012
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    No but there are two different ways go prove it one by observations and one by a blood or breath test. They can charge you under either theory.
    Answer Applies to: New York
    Replied: 4/9/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The BAC or blood alcohol content is how much alcohol is in your blood. It gives the judge or jury an idea of how intoxicated you were at the time that you were operating the vehicle. It is the same as the blood alcohol concentrate, as calculated by how much alcohol is in your deep lung breath. Shoplifting and DWI are very common with young people who do not realize the consequences of getting arrested and convicted of a crime. They will have an arrest record and maybe a criminal record for the rest of their lives and find it hard to get a good job. Life is about making good decisions and you should call a taxi if you have had more than two drinks because you can be arrested with anything more than .02 BAC.
    Answer Applies to: New York
    Replied: 4/9/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    BAC stands for blood alcohol content. If you blow over .08 you may be charged with driving while intoxicated. You may also be charged with DWI based on the observations of the police officers.
    Answer Applies to: New York
    Replied: 4/9/2012
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    I believe they are referring to the same thing. You can be charged for Impaired to the Slightest Degree or for the actual level of alcohol in your blood (or breath).
    Answer Applies to: Arizona
    Replied: 4/9/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    They are referring to the same thing.
    Answer Applies to: Texas
    Replied: 4/9/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    They refer to the same thing.
    Answer Applies to: Illinois
    Replied: 4/9/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    It's essentially the same. You can be charged with a California DUI and Driving with .08% or more. Those are two different offenses.
    Answer Applies to: California
    Replied: 4/9/2012
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Same thing.
    Answer Applies to: Alabama
    Replied: 4/9/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    No.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Collins Law Firm, P.A.
    Collins Law Firm, P.A. | John C. Collins
    Blood alcohol level and blood alcohol concentration are used interchangeably. There is, however, a difference between blood alcohol concentration and breath alcohol concentration. Breath alcohol concentration is converted to blood alcohol concentration by multiplying the breath alcohol result by 2100. This is done internally by the breath machine. It can result in an erroneous result. The 2100 represents what the State assumes is your blood/breath partition ratio. This can be confusing. Contact a qualified dwi attorney for a more complete explanation.
    Answer Applies to: Arkansas
    Replied: 4/9/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    No, in Georgia they mean the same thing.
    Answer Applies to: Georgia
    Replied: 4/9/2012
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