Blood Alcohol Level - How It Is Measured and What Is Permissible

Minnesota, like all states, has set legal standards for the way blood alcohol level is measured and the limits that are permissible.  This information is well-known to Minnesota DUI lawyers, but you might need a refresher course. 

There are certain steps a police officer will take to doing the blood alcohol level test.  The first thing they will do is to notice erratic driving, or driving that seems like drunk driving.  Going on his or her suspicions, the officer will pull over the driver and ask some questions. 

After giving the usual field sobriety test, the officer will do a preliminary breath test to make a determination as to whether the driver might be driving under the influence of alcohol.  If it appears that the driver is impaired, the officer will then arrest him or her. 

Next, more precise testing will be done.  The blood alcohol level will be narrowed down to exact measurements by any of a number of tests.  The driver may be given a urine test, a blood test, or a breath test. 

The legal limit for driving under the influence of alcohol is under 0.08 percent blood alcohol level.  That means that less than 8/10,000ths of your blood volume is taken up by alcohol.  This standard applies at the time you are arrested and for up to two hours afterwards.  If your blood has 0.08 percent or more, you are liable to be arrested. 

However, there are different blood alcohol level limits for different vehicles and circumstances.  If you are driving a commercial vehicle in Minnesota, you can expect to be arrested if you are stopped with a blood alcohol level of 0.04 percent or more.  If you are caught with this level or higher, you will lose the right to drive commercial vehicles for one full year.  If you do it again, the term of loss will be ten years. 

In some cases, there is a zero tolerance rule for blood alcohol level.  A school bus driver in Minnesota is not allowed to have any alcohol in their system at all when they are driving a school bus.  A conviction will end in the person’s losing their endorsement to drive school buses.  It will also keep them from driving commercial vehicles. 

There is also a zero tolerance law for drivers under the age of 21.  The blood alcohol level for these young people should show that they have not consumed alcohol before or during driving.  If they have, they can face misdemeanor charges and have their licenses suspended. 

There is a provision in the law for pilots to be punished for flying within eight hours of drinking alcohol.  However, a pilot may still have alcohol in their system from before the eight hours started, so they might have some lingering blood alcohol level that is above zero.  It cannot be 0.04 percent or higher, or they will be grounded. 

 Blood alcohol level is an important factor for most drivers who drink on occasion.  If you go out for a meal where wine is served or to a neighborhood bar, you need to know how strict Minnesota is on their blood alcohol level standards.  It can save you the financial and legal problems that come with having a DUI conviction.