We can’t know exactly what the highest BAC ever was, because people with a high level of alcohol in their systems generally only have their BACs tested if they get arrested or need medical assistance. Still, some of the BACs on record are surprising.
Before we look at those record-setting BACs, let’s create some context.
BAC and South Carolina Law
In South Carolina, it’s against the law to operate a motor vehicle if your BAC is .08% or higher. If you’re showing signs of impairment, you can be convicted of driving under the influence at even lower levels. If you’re operating a commercial motor vehicle, you can be charged and convicted of DUI with a BAC of just .04%.
The National Highway Traffic Safety Administration (NHTSA) says a driver with a BAC of .08% is four times as likely to be in a motor vehicle accident as a sober driver. At a .15% BAC, that increases to 12 times as likely as a sober driver.
Medical experts generally warn that most people experience adverse effects like vomiting and confusion between concentrations of approximately .15% and .30%. Above .30%, there’s a significant risk of alcohol poisoning, which can be fatal. Above .40%, a person is at serious risk of falling into a coma or dying because they have stopped breathing.
How Do the Highest Recorded BACs Compare?
With those numbers in mind, these record-setting BACs may come as a shock. The highest recorded BAC we found was 1.5%. That’s nearly 19 times the legal limit for South Carolina drivers, and more than three times the level that is generally considered lethal. Don’t think this means it’s safe to ignore those limits, though. The person who tested at 1.5% only survived after quick medical intervention that included both dialysis and IV therapy.
The next highest recorded BAC we found was a close second, at 1.48%. The BAC was measured after the man was transported to a hospital following a car crash, and later died of his injuries.
The third highest BAC on record was measured posthumously, during the autopsy of a woman who died of organ failure. Her BAC was 1.4%
BAC and Negligence
High BACs aren’t just dangerous for the person consuming the alcohol. In June, the Greenville News reported that more than 40% of traffic deaths in South Carolina were attributable to drunk drivers.
South Carolina recognizes the doctrine of negligence per se. That means that if someone violates a safety law and injures someone the statute was intended to protect, they are legally considered negligent. Drunk driving laws are intended to protect others on the road and their property from harm caused by an impaired driver. So, a drunk driver who causes an accident is nearly always responsible for damages.
Even when negligence per se doesn’t apply because the intoxicated person hasn’t broken the law, intoxication can provide evidence of negligence. For example:
- A person operating machinery while intoxicated may be found negligent and liable for any injuries or property damage they cause
- A person who accidentally starts a fire while cooking under the influence of alcohol may be found negligent and liable for injuries and property damage
- A person who falls asleep smoking because they are intoxicated and starts a fire may be similarly liable
- A person charged with the care of a child or elderly or disabled person who fails to do so properly because they are intoxicated may be found negligent and liable for any injuries caused
Of course, these are just a few examples of the circumstances in which intoxication may be considered evidence of negligence. If you’ve been involved in a car accident with an intoxicated driver or have been injured in some other way by someone who was impaired by alcohol, you should speak with an experienced Charleston personal injury lawyer right away.
Injured by a DUI Driver?
If you’ve been injured by a DUI driver speak with an experienced DUI injury lawyer as soon as possible after an accident to learn how to protect your claim and pursue fair compensation.