What Does It Take To Be Under the Influence?

A DUI doesn’t have to ruin your life, though it should be avoided at all costs, both because driving under the influence is extremely dangerous and because, at the very least, the citation can be expensive, time-consuming, and generally inconvenient. But how do you know if that one glass of wine put you over the edge?

Sometimes, it’s obvious—like when a Shoreline man was recently found passed out in his car and troopers discovered that his blood-alcohol level was six times the legal limit—but in other instances, it’s not so clear.

Intoxication vs Impairment: Know the Difference

Though the standard blood-alcohol content (BAC) of .08 is a fairly good yardstick for determining whether someone is under the influence, it doesn’t tell the whole story. First, because BAC only determines if someone’s been drinking; marijuana, pills, and other intoxicants may not show up on a breathalyzer, but they would lead a person to exhibit signs of impairment.

For this reason, you may still get a DUI if you were taking prescription painkillers, even if you didn’t feel intoxicated by their effects. That’s one reason why it’s critically important to follow the instructions on any and all prescription drugs and, if the bottle tells you not to drive, you should heed the advice.

Similarly, legal marijuana can also leave a person demonstrating signs of intoxication, including slowed reaction times and decision-making capabilities. Again, the driver may not feel as impaired as they would after a few beers, but if the officer determines that you’re under the influence of an intoxicant, you can still get a DUI.

What ‘One Drink’ Really Means

As a general rule of thumb, one drink per hour should keep most people under the legal limit for BAC—however, that varies by person, size, gender, tolerance, and numerous other factors. It also depends on the drink, and what “one” really means.

Typically, “one” drink is defined as:

• 12 ounces of regular beer, which is usually about 5% alcohol
• 5 ounces of wine, which is typically about 12% alcohol
• 1.5 ounces of distilled spirits, which is about 40% alcohol

Or a small can of beer, a relatively light pour of wine, and one single shot of liquor.

Unfortunately, many beers are served in a pint glass (making them 1.5 drinks), many wine glasses easily fit eight ounces, and many cocktails contain at least two shots of liquor. So even if you think you’re having “one” drink, you may be consuming much more.

Additionally, many of the beers that we love in the Pacific Northwest—like IPAs, ESBs, pale ales, and stouts—contain a much higher alcohol by volume (ABV) than, say, a Pabst Blue Ribbon. A 16-ounce glass of a higher-octane beer, then, could be closer to two or even 2.5 drinks.

If there's any question about whether or not you're good to drive, the answer is that you probably shouldn't risk it. There are just too many factors that go into impairment and intoxication to guess—and the stakes are too high to get it wrong. Instead of determining whether you're under the influence on your way out of the bar, park your car and call a Lyft or an Uber home. You may never know if you avoided a DUI by doing it, but in this case, it's much better to be safe than sorry.

If You’ve Been Charged With A DUI, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!