What is .08 Alcohol Concentration?
"Alcohol
concentration" is defined by the statute as:
a. the
number of grams of alcohol per 100 milliliters of blood;
b. the
number of grams of alcohol per 210 liters of breath; or,
c. the
number of grams of alcohol per 67 milliliters of urine.
Practically
speaking, if you've been drinking, unless you are a physicist,
an engineer, or a chemist, and have a calculator, you will be
unable to determine if you have an alcohol concentration of .08
or more. Further, it is of interest to note that the amount of
alcohol in each of the above statutorily defined concentrations
is not equal, and can therefore result in a person being
innocent according to one concentration but guilty according to
another. Moreover, under the two statutory definitions of
intoxication, it is also possible for a person to be innocent of
being intoxicated because there is no loss of either normal
mental or physical faculties but still be guilty of being
intoxicated via .08.