Alcohol concentration
Alcohol concentration is the measured quantity of alcohol in a person's sample that the DUI statutes of Missouri, Nebraska, Virginia and Montana use as an offense ground. Missouri's statute bases its measure on grams of alcohol in set quantities of blood or breath. Nebraska's statute states the concentration separately for blood and for breath. Virginia's statute ties it to a chemical test, and Montana's statute refers to analysis of blood, breath, oral fluid or other bodily substance.
This page describes the statutes of the named states. Missouri, Nebraska, Virginia and Montana each have a statute that uses a measured quantity of alcohol as a ground for a driving offense, and the sections below describe how each statute words that measure.
How does Missouri's statute define the measure?
Missouri's statute sets out the offense of driving with excessive blood alcohol content. It applies when a person operates a vehicle while having a stated percent by weight of alcohol in the blood, with a separate stated level for a commercial motor vehicle.
Missouri's statute provides that percent by weight of alcohol in the blood is based upon grams of alcohol per a set quantity of blood or of breath. It adds that this measure "may be shown by chemical analysis of the person's blood, breath, saliva or urine," and that the test is conducted under other Missouri sections that govern testing.
How does Nebraska's statute express it?
Nebraska's statute makes it unlawful to operate or be in the actual physical control of a motor vehicle while under the influence of alcoholic liquor or any drug, or when the person has a stated concentration of alcohol.
Nebraska's statute states that concentration as alternatives: by weight of alcohol per a set quantity of the person's blood, or per a set quantity of the person's breath. It provides that a person in any of the described conditions is guilty of a crime and punished as provided in other Nebraska sections.
How does Virginia's statute tie it to testing?
Virginia's statute makes it unlawful to drive or operate a motor vehicle, engine or train while the person has a stated blood alcohol concentration. It expresses that concentration as a percent by weight by volume, or as grams per a set quantity of breath, "as indicated by a chemical test administered as provided in this article."
Virginia's statute lists this concentration ground as a clause separate from being under the influence of alcohol, and it lists drug-concentration grounds separately as well.
How does Montana's statute use the term?
Montana's statute uses the term "alcohol concentration" for a person who drives or is in actual physical control of a vehicle. It sets separate stated levels for a noncommercial vehicle and for a commercial motor vehicle.
Montana's statute refers to the concentration "as shown by analysis of the person's blood, breath, oral fluid, or other bodily substance." The passage uses the term without giving it a separate definition.
The figures for your state
Deadlines, limits and penalty ranges are set by each state’s statutes, so this page does not state them. Each state page shows them with the official source and the date they were verified — or says plainly that a figure has not been confirmed yet.
Common questions
Is alcohol concentration the same as being under the influence?
Nebraska's statute lists being under the influence of alcoholic liquor or any drug as one alternative, and the blood and breath concentrations as separate alternatives. Virginia's statute lists a blood alcohol concentration and being under the influence of alcohol in separate clauses, and provides that a charge under the section supports a conviction under any of its clauses.
What kinds of samples can show alcohol concentration?
Missouri's statute says its measure may be shown by chemical analysis of the person's blood, breath, saliva or urine. Montana's statute refers to analysis of the person's blood, breath, oral fluid, or other bodily substance. Nebraska's statute states its concentration for blood and for breath.
Sources
- Mo. Rev. Stat. § 577.012 (official source, opens in a new tab)Driving with excessive blood alcohol content — sentencing restrictions.
- Neb. Rev. Stat. § 60-6,196 (official source, opens in a new tab)Driving under influence of alcoholic liquor or drug; penalties.
- Va. Code § 18.2-266 (official source, opens in a new tab)Va. Code § 18.2-266 - Driving motor vehicle, engine, etc., while intoxicated, etc
- Mont. Code Ann. § 61-8-1002 (official source, opens in a new tab)Driving Under Influence
These sources are cited for the jurisdiction and scope identified on this page. They do not establish the law of another state.
Related
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