The results of the breath tests, blood tests or urine test will largely determine the charges brought and the possible sentences. The so-called “per se” offense (driving over .08%) is defined by the blood-alcohol level; the “DUI” offense (driving under the influence) is partially proven with a rebuttable presumption of intoxication if the result is over .08%.
It is important to realize that the DUI laws relate to the blood-alcohol level AT THE TIME OF DRIVING — not at the time of the test; there may be a significant difference, not to mention difficulties of proof. It is also important to understand that tests — particularly breath tests — are unreliable and susceptible to attack by an attorney who is knowledgable in the science of blood-alcohol analysis.
Online Blood-Alcohol Calculator
A simple calculator to determine your theoretical blood-alcohol level with different amounts of alcohol consumed is available to the right of this web page.