In reality, how your BAC affects you differs greatly from person to person. It may surprise you to know that you can begin to feel drunk far before you hit 0.08 percent.

Low level intoxication

Healthline looks at a general guideline to different BAC levels and how drunk you may feel. First, it is important to note that many factors affect this. Your age, weight and gender are a few things that you have no control over. Other impacting factors can include underlying health conditions and medications you take. The amount and type of food you eat before drinking also influences how quickly alcohol saturates the blood.

Because of this, BAC levels only offer a general estimate on how drunk a person feels and how they may behave. Low level intoxication often kicks in anywhere from 0.01 to 0.05 percent BAC. At this state, you may feel completely normal despite being only 0.03 percent away from hitting the legal limit. Lightweights may begin feeling the effects early, though.

Euphoria and excitement stages

The stage of intoxication known as euphoria happens anywhere between 0.03 and 0.12 percent, well above the legal limit. As you can see, this is a huge range of BAC levels. This is also known as the “tipsy” stage. In other words, you are likely to hit 0.08 percent before you ever become drunk.

The stage known as “excitement” occurs when you become drunk. This ranges from 0.09 to 0.25 percent. By the time you leave tipsiness, you are well over the legal limit. Some with higher tolerance may still feel tipsy in the drunk stage. Others with lower tolerance might feel drunk in the tipsy stage. Because it differs so much, experts believe no one should drive after drinking, even if it was just one drink.

Accordingly, field sobriety tests are most likely the first test an officer will give you. But what exactly are field sobriety tests?

What are standardized field sobriety tests?

FieldSobrietyTests.org looks at all types of field sobriety tests. The two main categories are non-standardized and standardized. Non-standardized tests are not as common because they do not have a unified measurement system. Because of this, the results do not hold a lot of weight in court. The opposition can easily argue that results were due to officer bias rather than blood alcohol content (BAC) level.

What do these tests check?

Standardized field sobriety tests do have a uniform rubric that officers across the country must use. There are only three types of standardized field sobriety tests, too. They include the horizontal gaze nystagmus, the walk-and-turn and the one-legged stand. The latter two checks for balance and coordination. The first checks for a waver in your eyes when you move them. This waver is present at all times, but becomes more prominent after consuming alcohol.

Regardless of which field sobriety test you take, the officer may follow it with a different test. This is because field sobriety test results alone are not enough to use as evidence against you for DUI related crimes. As such, they may ask you to take a blood or breath test afterward.

Understanding the state’s implied consent law may help drivers protect their rights and avoid facing unnecessary criminal penalties after a suspected DWI stop.

Agreeing to chemical testing

According to state law, implied consent dictates that anyone who drives in the state, by doing so, agrees to submit to BAC chemical testing. Thus, after law enforcement charges them with drunk driving, people must provide the requested sample for analysis. While drivers may refuse to give samples for BAC testing with consequences, law enforcement may still compel them to cooperate. Additionally, the authorities may present their refusals as evidence of their intoxication at trial.

Refusing to submit to testing

According to the North Carolina Department of Motor Vehicles, should drivers refuse chemical testing after a DWI arrest, they may face consequences on top of those that the court may assess if they plead guilty or the court convicts them of driving a vehicle while intoxicated. The penalties people may face for a chemical test refusal include a driver’s license suspension for a minimum of 30 days. The Department of Motor Vehicles will also suspend their driving privileges for at least 12 months due to a willful refusal.

After six months, the court may see fit to restore people’s driving privileges on a limited basis. The reinstatement of drivers’ licenses in this instance or upon the completion of their suspension period may carry a BAC restriction. This restriction reduces the legal BAC limit for drivers based on their prior alcohol-related driving records.

Review the possible penalties for DWI in North Carolina.

Level V DWI

This charge typically applies to first-time DWI. The Level V case usually has at least one mitigating (positive) factor, such as an offender who has good driving history. This type of charge is free of aggravating factors like excessive blood alcohol content or reckless driving.

A Level V DWI conviction results in:

• 24 hours to 60 days in jail or 24 hours of community service
• Fines of up to $200
• 30-day license suspension

Level IV DWI

A person who receives a Level IV DWI charge usually has one previous DWI or a combination of mitigating and aggravating factors. A conviction results in:

• 48 hours to 12 days in jail or 48 hours of community service
• Fines of up to $500
• 60-day license suspension

Level III DWI

North Carolina will impose Level III DWI charges when the person has at least one significant mitigating factor. For example, this charge could result if the person already had a suspended license when he or she received a DWI. A conviction at this level carries:

• 72 hours to six months in jail or 72 hours of community service
• Fines of up to $1,000
• 90-day license suspension

In addition to lower-level charges, Level II or Level I charges result from a grossly aggravating factor. For example, North Carolina may order these charges for DWI with a child in the car or causing a DWI accident that injures someone.

One of the first tests you will run into is likely a field sobriety test. There are two types: non-standardized and standardized. The second is most common, and what an officer will probably start off with.

What do these tests check for?

FieldSobrietyTests.org take a look at standardized field sobriety tests, of which there are only three. There is the horizontal gaze nystagmus, the walk-and-turn and the one-legged stand. Each of these tests check for several things, including:

• Your balance
• Your concentration
• Ability to focus on tasks at hand
• Ability to follow instructions

Symptoms of alcohol in the blood

For example, walk-and-turn tests involve walking along a line while placing your toe against your heel. At the end of the line, you must turn and come back. This tests your ability to balance. Balance is one of the first things affected by high blood alcohol levels. The one-legged stand also tests balance. You must raise your foot off of the ground, usually by about six inches from the ground. You may use your arms to balance.

The horizontal gaze nystagmus (HGN) test looks for something a little different. This test checks for any involuntary jerking of the eyeballs while in motion. This jerking motion happens to everyone. But it is more pronounced if you are under the influence. Thus, a testing officer will have you follow an object with your eyes. They check for how smoothly your eyes track the movement.

These tests have a rubric by which officers must judge them. This is where the “standardized” part of the name comes from. It helps keep officer bias out of the equation and makes these tests a little more fair to you.

The side effect of these weekends is more than just a rash of DUI charges. It also means millions of dollars in income for the states. And, in these attempts to keep unsafe drivers off the road, the police charge many people who have drank but are safe to drive.

Some things to know during a DUI stop

First, you should know that most major holidays, including Labor Day, the Fourth of July and Halloween, typically have some form of increased police presence. In 2016, checkpoint stops led to over 8,000 DUI charges. These are days when, if you choose to drink, it is wise to have a designated driver—even if you only have a beer or two over lunch.

You should also know that North Carolina has an implied consent law. This means that if you refuse to take a breath alcohol test after a police offer requests one, you may face legal consequences, including license suspension.

North Carolina has one of the highest DUI arrest rates in the nation

North Carolina has the seventh-highest per capita arrest rate, meaning that for every 100,000 arrests, over 500 will be DUI arrests. Many of these arrests are disputable. If you work with an attorney who understands the science behind breath tests, the chances of you successfully challenging a charge are much greater.

Breathalyzer testing is a relatively new technique. Despite many states adopting its use in the 70s and 80s, it has been under scrutiny by the courts since its early days. In fact, criminal justice reform advocates across the nation continue to challenge police use of breath tests. So, many departments rely upon a variety of other tests to confirm test results or otherwise implicate you during a DUI stop.

The law asks cops to make a judgment call

North Carolina, like almost all other states, allows a police officer to arrest you for a DUI if you blow a .08 or if you are visibly intoxicated. But “visibly intoxicated” is not an objective standard and can leave many people at the mercy of a police officer’s perceptions. Sometimes, these perceptions work to your disadvantage. For instance, a person who suffers from vertigo or an inner ear infection may have a balance issue that is completely unrelated to their alcohol consumption.

In these instances, the arrested person may still be charged with a DUI and the officer’s testimony, if left unchallenged, may lead to thousands of dollars in fines, a lost license, the surrender of your car and other serious consequences.

You need to know your rights

Police officers can only pull you over and subject you to intoxication testing under certain circumstances, and they need to be meticulous in their reporting. A combination of critical examination, witness testimony and other evidence may exonerate you.

FieldSobrietyTests.org look at both standardized and non-standardized field sobriety tests. The main difference between the two is that standardized tests follow a set rubric. Officers across the country use this rubric. It allows officers to compare test results to one uniform standard. In turn, this often allows for more accurate and fair results.

There are only three types of standardized field sobriety tests. This includes the walk-and-turn, the one-leg stand and the horizontal gaze nystagmus. It is less trouble for officers to memorize three tests. If they are giving you a field sobriety test, chances are high that it is one of these three.

Non-standardized tests do not have this rubric. It is up to the officer giving the test to determine if a person passes or fails. This means that there is more room for bias to affect an officer’s decision. There are more non-standardized tests than standardized tests. Despite this, officers do not use them as often. This is because courts view non-standardized test results as more subjective.

Field sobriety tests are ultimately used as supplementary evidence rather than primary evidence. This is true regardless of what type of test the officers had you take. This is important to know when facing field sobriety test results.

As explained on FindLaw, DUI convictions and impairment charges have the potential to negatively affect your career. This is true of both your current employment and any future jobs for which you may apply — especially driving jobs. 

In most cases, it is not your employer’s business if you get arrested. However, you should probably make sure that you did not sign a contract that says otherwise. You should also confirm that the law does not require you to report such events. 

Arrests could pose other issues for you, insofar as they could come up during the hiring process. Depending on the type of driving positions you pursue, the jurisdictions in which you pursue them and on a variety of other factors, it may or may not be legal for your potential employers to ask about or make decisions based on your arrest and conviction history. 

Furthermore, there are limits as to how long a DUI charge or conviction could stay on your permanent record for background checks. For arrests, the limit is typically seven years. For convictions, the mark could be permanent. 

There are many things that could change the way you search for jobs, your prospects and other aspects of making a living when it comes to DUI. One of the important things to remember is that, while many consequences are over the long term, laws also tend to change. Putting yourself in the best possible starting position often requires both an understanding of current laws and a perspective on how the rules have changed in the past — and how they may change in the future. 

Answering this question requires that one understand how hand-held breath testing devices work. The alcohol that one ingests eventually works its way into their bloodstream, being carried on a circuitous route around their body which includes a stop in the lungs. Upon coming into contact with oxygen in the lungs, some of the alcohol is vaporized and expelled when one breathes. As this happens, the body must work to maintain a consistent ratio between the amount of gaseous alcohol in one’s lungs to the concentration in their blood. This blood-to-breath ratio is used to estimate levels of intoxication. According to information shared by the Alcohol Pharmacology Education Partnership, breath testing devices assume this ratio to be 2100:1 (one milliliter of blood containing 2100 times more alcohol than one milliliter of exhaled air).

The trouble with this assumption is that in actuality, one’s blood-to-breath ratio can actually vary between 1500:1 to 3000:1 depending on a number of different biological characteristics. This no doubt contributes to the findings shared by the National Motorists Association indicating the breath testing devices can have a margin of error as high as 50 percent. Such information may support one’s challenge that the breath test results being used against them might be unreliable.