By Richard J. Blok, Idaho Criminal Defense Attorney
Craft Beer and Classic Cocktail drinkers often don’t talk about DUIs, but the truth is that the higher alcohol content of those beers and drinks actually make it more likely that the craft drinker will get a DUI than someone sipping a light beer. DUIs affect people across the socioeconomic spectrum. The charge itself, let alone a conviction, can lead to time in jail, issues at work, license suspensions and a number of collateral consequences. A conviction can lead to more jail time, probation, fines, interlock requirements, job loss, and more. If you have been charged with a crime in Idaho, the lawyers at Racine Olson, PLLP can walk you through every step and prepare you for the best defense possible.
DUI Basics
DUIs are relatively simple crimes to prove. In order to prove most DUIs the State has to show that 1) on a particular date, 2) in the State of Idaho, 3) a particular person was in actual physical control of a motor vehicle, 4) that individual had a blood alcohol concentration of 0.08% or above.
Blood Alcohol Content (BAC) is measured either by a breathalyzer or a blood test. A BAC of 0.08% or above will get you a standard DUI, while a BAC of 0.20% or above will get you an excessive DUI which comes with ten days of mandatory jail time. If you’re going to go out and drink, the trick is stay well under a 0.08%.
If you make a mistake – don’t worry these things happen. Be polite with the police, follow their directions, but do not answer their questions. Generally, I recommend doing field sobriety tests and blowing into the breathalyzer, but there are exceptions to this rule. If you’re arrested and arraigned, plea NOT GUILTY. Call us and schedule an appointment right away. The Idaho Criminal Defense Lawyers at Racine Olson can help you out with any criminal charge. Call us at 208-232-6101 to speak to Racine Olson, PLLP’s team of criminal defense attorneys.
BAC Calculators
Using a BAC calculator is an excellent way to get an idea of how close to the legal limit you are. Use caution, all BAC calculators are only estimates, every one’s body is different, and only you can judge if you have had too much to drink.
The problem with most bac calculators is that they assume all beer is a 12oz pour and 5% abv, all wine is 12% abv and a 5oz pour, and all liquor is 1.5oz at 40%abv. My new favorite BAC calculator (baccalculatorpro.com) lets you easily control for the size of the pour and how much alcohol is in the drink.
Craft Beer BAC
For example, on a standard BAC calculator if you are a male weighing 200lbs, 2 beers over 2 hours will get you a BAC of 0.012% – or perfectly safe to drive. (Different calculators will give you different results ranging from 0.012 to 0.02%. It’s important to remember these are estimates.)
Now let’s pretend those two beers were 12oz pours of Seirra Nevada Pale Ale which is 5.6%abv. That number is going to go up to 0.017%. If it’s a 16oz pour 0.042%.
What if it was Stone IPA at 6.9% abv? Two 12 oz beers would be a 0.028% BAC and 16oz would get you a 0.58%. Still below the legal limit, but definitely not as safe as you would think using a standard BAC calculator. For most of us this is time to have glass of water and wait before we drive.
Now what if it was St. Bernardus Abt 12, a classic Belgian Quadrupel weighing in a 10% abv. Two 12 oz beers will have that same 200lbs male at a 0.054 BAC and two 16oz pours at a 0.098% BAC – or over the limit. Weight, gender, and time are all significant factors. But small changes in abv or the size of the pour can really affect how high your BAC estimate is.
Classic Cocktail BAC
Let’s do the same experiment with some classic cocktails. Let’s say you’re a woman, weighing 140lbs, and you take the same two hours for two drinks.
A classic margarita is 1.5oz a tequila (40%), ¾ oz lime, ¾ oz triple sec (40%), and ½ oz simple syrup. Our 140lbs women’s BAC would be 0.092% or over the limit. If she only had one drink in two hours, it would be a 0.031%. It’s always a good idea to have a glass of water in between drinks. (Also the margarita’s served in most bars are often way larger than this.)
Let’s look at a Tiki classic the Zombie – one of the real heavy hitters of the cocktail world. 1.5oz of Jamaican rum, 1.5oz Puerto Rican rum, 1 oz of 151 rum, a few drops a Pernod, Angostura biters and several sugars and fruit juices. One drink over two hours will put out 140lbs women at a 0.101%, two drinks is nearly an excessive DUI at 0.183%. (Our 200lbs man after two drinks would also get a DUI). There is a reason the inventor of the Zombie, Don the Beachcomber, used to limit people to two Zombies.
Defending a DUI
Since proving a DUI is so simple, defense requires a deep understanding of your Fourth Amendment rights, as well as the science behind BAC measurements. Marshalling the facts, law, and arguments to protect people is what we do. If you get in trouble call us right away, the faster we get started the better. That being said, the best defense is avoiding the charge in the first place. If you’re going to go out and drink, make a plan. Know how many drinks you are going to have, know what is in those drinks, and if you go over call a ride.
Contact Us
The knowledgeable, experienced, and diligent attorneys at Racine Olson, PLLP are here to help you and your family when you need it the most. Whether a misdemeanor or felony, our Idaho criminal defense attorneys are prepared to guide you through the legal process and fight for you at every turn. Call us at 208-232-6101 for a free consultation with the Racine Olson, PLLP team of criminal defense attorneys. You can also email me directly at richard@racineolson.com. We stand ready to answer your questions and help solve your criminal defense needs.