FAQ About BAC

207-571-8146

Thousands of people in Maine come to attorneys with questions about how blood alcohol concentration, more commonly shortened to BAC, affects them in their OUI case. Operating under the influence of drugs or alcohol is a serious offense in the United States, and states such as Maine are really cracking down on anyone charged with this crime in order to reduce the number of fatalities, injuries, and property damage incidents each year.

Here are just a few answers to common frequently asked questions about BAC:

I'm under 21 years old. Will a BAC under the legal limit but above zero still make me get arrested?

Yes. Maine is one of many states with a Zero Tolerance Policy when it comes to underage drinking. This is one of the leading causes of death amongst teenagers, whether the teen was drinking and driving, riding with a friend who was OUI, or a driver/passenger in another vehicle. Therefore, the state is working hard to decrease this statistic.

My BAC was well over .08%. Will that increase my sentence?

The legal limit is .08% for a reason. The higher that your BAC is when you are arrested, the worse it will look when you go to trial. Keep in mind that a higher BAC will almost always result in increased fines and/or penalties, even for first-time offenders.

I passed a breathalyzer test, but I still got arrested for OUI. Isn't BAC the deciding factor?

Not in every case. If the officer has probable cause to suspect that you are not able to operate your vehicle due to alcohol and/or drugs, then he/she may choose to arrest you and be within his/her legal rights. Your BAC may be below the legal limit at the time of arrest, but over the limit during the arrest and subsequent testing phase a few hours later.

I quit drinking an hour ago. My BAC will start dropping now, right?

Wrong. Your BAC can continue to rise for several hours after you have stopped drinking. The best choice is not to operate a vehicle when you know that you have been drinking, especially if there is any chance that you are intoxicated.

WTB Law

Here at WTB Law, we provide professional and aggressive criminal defense representation that exceeds the expectations of our clients and secures their freedom and their future.

Contact Us Today

What distinguishes our firm from the numerous law firms throughout the state is that we genuinely care about the well-being of our clients. Because Attorney Bly is a sole practitioner, every client receives hands-on and personalized attention from Attorney Bly and our staff throughout the entirety of their case.

50 Adams Street
Biddeford, ME 04005
(207) 571-8146
Mon, Tue, Wed, Thu, Fri: 08:00am - 05:00pm

Menu