DUI in Omaha: How Much do You Have to Drink to be Charged?

A conviction for driving under the influence, or DUI, in Omaha can have a number of negative long-term consequences. Aside from a possible length of imprisonment, hefty fines, and the loss of your driving privileges, you may also face increased insurance premiums, disciplinary action if you hold a professional license, and even interference with your visitation privileges with minor children. Avoiding a conviction will prevent these unwanted consequences. Does that mean you cannot drink at all and then get behind the wheel of a vehicle? The law does not actually make it illegal to drink and then drive. The law makes it illegal to drive while under the influence of alcohol or with a blood alcohol concentration, or BAC, of 0.08 or greater. The question then is how much do you have to drink to be charged with a DUI in Omaha?

Short of using a portable breath test, there is no way to be certain what your BAC is at any given time. There are, however, ways to estimate what it is. The National Highway Traffic Safety Administration, or NHTSA, offers motorists some guidance on calculating your BAC level. When estimating your BAC level using the NHTSA guidelines one drink equals 1.5 ounces of 80 proof liquor (40 percent alcohol), 12 ounces of beer (4.5 percent alcohol), or 5 ounces of wine (12 percent alcohol). In addition, the guidelines refer to the amount of alcohol consumed within one hour. According to the NHTSA, the following guidelines apply to men according to your weight:

• 120 pounds — you will reach 0.03 after one drink, 0.06 on the second drink and be at 0.09 on the third.
• 160 pounds – you will reach 0.02 after the first drink, 0.05 after the second, and  0.07 by the third drink.
• 200 pounds – you will reach 0.04 on the second drink, 0.06 on the third, and 0.08 on the fourth drink.
• 240 pounds –you will reach 0.03 on the second drink, 0.05 on the third, and 0.06 on the fourth and 0.08 on the fifth drink.

The following guidelines provided by the NHTSA apply to women:

• 120 pounds – you will reach 0.04 one drink and 0.08 on the second drink.
• 160 pounds — you will reach 0.03 after the first drink, 0.06 after the second, and be a 0.09 on the third drink.
• 180 pounds – you will be at 0.03 on the second drink, 0.05 on the third, and 0.08 on the fourth drink.
• 220 pounds – you will reach 0.02 on the first drink, 0.04 on the second, 0.06 on the third, and pass the legal limit of 0.08 on the fourth drink.

Keep in mind that there are a variety of factors that can directly impact your BAC level, including:

• When you last ate
• The contents of your stomach
• How fatigued you are
• Medical conditions
• The type of alcohol you drink
• How fast you drink
• When you started drinking in relation to when you drive

The best way to avoid driving while over the limit is to refrain from drinking at all before driving. If you are facing DUI charges in Omaha, consult with an experienced Omaha DUI attorney as soon as possible. For a free case evaluation, contact Petersen Law Office 24 hours a day at 402-513-2180.

Thomas M. Petersen

Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.

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