What is .08 alcohol concentration?
Alcohol concentration in DWI is defined by the statute as
- the number of grams of alcohol per 100 milliliters of blood; or
- the number of grams of alcohol per 210 liters of breath; or
- the number of grams of alcohol per 67 milliliters of urine.
As per the two statutory definitions of intoxication, it is possible for a person to be innocent of one definition and yet guilty of the other. Of course, being innocent of one definition can be used to show reasonable doubt under the other.