How much did you have to drink?

How much you had to drink and what you drank is a critical question in any Seattle or Washington State DUI case. From the outset, it is important to determine whether the amount of alcohol you had to drink was sufficient to get a reading above the legal limit or to affect your ability to drive. For example, a single drink is usually not enough to get your alcohol concentration above the legal limit, but it might be sufficient to get you arrested for DUI in Washington State if a police officer thinks it affects your ability to drive to any appreciable degree. In our years of defending DUI cases throughout Washington State, Fox Bowman Duarte attorneys have seen DUI charges filed with BAC results as low as .02%. At the same time, depending on your weight and size, two to three drinks may be enough to get your alcohol concentration at or above the legal limit. Generally speaking, a thin lightweight individual takes fewer drinks to exceed the legal limit than does a heavy person. The Washington State Liquor Control board has a chart to determine alcohol concentration for men based upon number of drinks, and a separate drinking/BAC chart for women. These charts are at best estimates and should not be relied upon by anyone who is considering whether or not to drive after drinking. Relying on these charts to determine whethr you are OK to drive could still result in a Washington State DUI arrest.

Your alcohol concentration is generally determined by the amount of alcohol consumed, your body size, gender, and time. At Fox Bowman Duarte, we use a reliable scientific method called "Widmark's Formula" to determine whether the amount you had to drink was in fact enough to produce a reading over the "legal limit." An example of this formula is illustrated here by attorney Garth O'Brien, who is of counsel to our firm. To be reasonably accurate, the period of consumption, rate of consumption, and type of liquor consumed must be known along with other critical facts such as body weight. This evidence is scientific and is admissible in court to cast doubt upon the results of the breath test machine.

The Washington State Liquor Control Board has published blood alcohol concentration (BAC) charts for men and women that is the Liquor Board's best estimate as to what the alcohol level would be for a given amount of drinking. The chart should be used only as a guide because there are too many variables bearing on an individual's true breath alcohol concentration.

There are also a number of BAC Calculators, or Blood Alcohol Calculators, on the internet. These should be approached with caution since the websites promoting these calculators do not generally reveal the mathematical calculations used to arrive at a BAC reading and thus the results may be suspect. It is entirely conceivable that a driver could rely on a BAC Calculator, conclude he is "OK" to drive, and yet be arrested and charged with a Washington State DUI anyway.

Below is a chart of the signs of alcohol consumption and the degree of intoxication based on blood alcohol concentrations. This chart reflects the testimony of experts used by prosecutors and shows that determining where "legal intoxication" begins is an inexact science, at best.

Blood Alcohol Concentration (BAC level)

Stage of Alcoholic Influence

0.01 - 0.05
Sobriety