Alcohol Breath Test Legal Limit

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Since 2002, it has been illegal in all 50 states in the United States to drive with a blood alcohol concentration (BAC) that is .08% or higher.  In a word, the alcohol breath test legal limit is therefore .08% or higher.

Breath-Alcohol Tests:  The Most Common Alcohol Test

A breath test is the most common way of testing for alcohol.  The results of this test can only reveal if the person being tested is under the influence of alcohol at the time the breath sample is taken. 

More specifically, alcohol is metabolized out of the body in a relatively short period of time.

Unless an individual is under the influence of alcohol at the time the breath test is taken, the test may not detect alcohol use that occurred even a number of hours earlier.

Driving under the influence of alcohol, also known as "drunk driving," is defined as the act of operating a motor vehicle (and sometimes even a bicycle) after having ingested ethanol alcohol to the extent that the person's motor skills and mental capabilities are impaired.

A second type of "driving under the influence" has evolved that pertains to operating a motor vehicle after having taken drugs.

The Combined Influence of Alcohol and Drugs

More recently, however, a third type of "driving under the influence" has been identified, namely, driving under the combined influence of alcohol and other drugs. Interestingly, the drugs contributing to the impaired condition do not need to be illegal.  That is, these "other drugs" can be legal prescriptions or even over-the-counter remedies and treatments.

Alcohol Breath Test Legal Limit

The various DWI or DUI statutes specify that it is illegal to drive with a blood alcohol concentration (BAC) exceeding a certain value articulated in the statute. BAC is most conveniently measured as a simple percent of alcohol in the blood by weight.

Since 2002, it has been illegal in all 50 U.S. states to drive with a blood alcohol concentration (BAC) that is .08% or higher.  Some states, additionally, include a lesser charge, usually known as "driving while impaired," with a target BAC of .05%.  Finally, in all 50 states, drivers under the drinking age of 21 are considered to have committed a drunk driving offense if they have a BAC of .01% or .02%.

Alcohol Breath Test Legal Limit:  Conclusion

Perhaps the most significant information about the alcohol breath test legal limit in the United States is this: since 2002, it has been illegal in all 50 states to drive with a blood alcohol concentration (BAC) that is .08% or higher. 

Some states, moreover, include a lesser charge, usually known as "driving while impaired," with a target blood alcohol content .05%.  Finally, in all 50 states, drivers under the drinking age of 21 are considered to have committed a drunk driving offense if they have a blood alcohol concentration of .01% or .02% or higher.

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