Which BAC range is presumed under the influence?

Which BAC range is presumed under the influence?

• A. >0.08
• B. <0.05
• C. 0.05-0.08
• D. 0.00

Answer: (A)

In DUI law, there is a specific BAC threshold that creates a presumption of intoxication. When a driver’s blood alcohol concentration is 0.08 percent or higher, they are presumed under the influence. This is the point at which impairment is assumed for purposes of charging as DUI per se, meaning the mere presence of alcohol at or above this level can establish the offense without needing to prove actual impairment. Lower ranges do not carry that presumption, though impairment can still be proven by other evidence. So, the BAC range that's presumed under the influence is greater than 0.08 percent.

In DUI law, there is a specific BAC threshold that creates a presumption of intoxication. When a driver’s blood alcohol concentration is 0.08 percent or higher, they are presumed under the influence. This is the point at which impairment is assumed for purposes of charging as DUI per se, meaning the mere presence of alcohol at or above this level can establish the offense without needing to prove actual impairment. Lower ranges do not carry that presumption, though impairment can still be proven by other evidence. So, the BAC range that's presumed under the influence is greater than 0.08 percent.