As a Santa Rosa DUI lawyer, I often get questions regarding what symptoms are likely to appear at a certain blood alcohol concentration (“BAC”) level. My answer always refers back to Dr. Kurt Dubowski’s studies in this regard. Dr. Dubowski, from the University of Oklahoma College of Medicine, is one of nation’s leading toxicologists in the nation regarding alcohol and its effects. A summary of Dr. Dubowki’s analysis is as follows:

Blood Alcohol Levels and the Clinical Symptoms (paraphrased):

BAC of .01% - .05%: Effects not apparent. An ordinary observation reveals nearly normal behavior.

BAC of .03 - .12%: Mild euphoria, sociability, talkativeness, increased self-confidence, decreased inhibitions, reduction of attention, judgment and control; some sensory motor impairment and slowed information processing; loss of efficiency in critical performance tests.

BAC of .09% - .25%: Emotional instability, loss of critical judgment, impairment of perception, memory and comprehension; decreased sensatory response, increased reaction time; drowsiness, sensory motor incoordination; impaired balance.

BAC of .18% - .3%: Disorientation, mental confusion, dizziness, exaggerated emotional states of fear, rage, grief, etc.; disturbances of vision; increased pain threshold; increased muscular incoordination, staggering gait, slurred speech, apathy, lethargy.

BAC of .25% - .4%: General inertia, approaching loss of motor functions, marked decrease response to stimuli; marked muscular incoordination; inability to stand or walk; vomiting, incontinence; impaired consciousness, sleep or stupor.

BAC of .35% - .50%: Complete unconsciousness, coma, anesthesia; depressed or abolished reflexes; subnormal temperature; impairment of circulatory and respiration; possible death.

BAC of .45+%: Death from respiratory arrest.

As always, these symptoms will change from person to person, which is why the BAC levels in this analysis overlap slightly. Santa Rosa DUI defense lawyers who are knowledgeable of the science of alcohol toxicology are often able to point to the lack of symptoms that are present when a BAC level is alleged by the prosecution. Knowledge of the science involved in a DUI defense is crucial.

As an example, referring to Dr. Dubowski’s list set forth above, if the prosecution alleges a BAC level of .08% or .09% and it is shown that the typical symptoms are not present i.e. not talking excessively, no loss of fine or small motor coordination, etc., the lack of these factors would weigh strongly against the validity of that BAC level. Hopefully, an individual in that situation with have a DUI defense attorney who is aware of the correlation between a specific BAC level and expected symptoms and will be able to point that information out to a jury by cross-examining the prosecution’s witnesses in this regard.

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