Courts We Serve
- 10 January, 2020
- 21 April, 2018
- 15 April, 2018
Blood Alcohol Content (BAC)
Edison NJ DUI Lawyers
The Law Offices of Jonathan F. Marshall represents individuals in Middlesex County charged with DWI, driving under the influence of drugs, and refusal to submit to a breath test including Old Bridge, Woodbridge, Edison, Piscataway, South Amboy, and Carteret. Our experienced drunk driving lawyers are available immediately, 24 hours a day, 7 days a week, for a free initial consultation to examine the factual circumstances surrounding your DWI charge, including the traffic stop, proof of operation, and proof of intoxication. Please call our Piscataway Office at 732-562-0308 for more information and to speak to an experienced DUI defense attorney.
What does Blood Alcohol Content (BAC) mean?
Blood Alcohol Content or Blood Alcohol Concentration (commonly referred to as “BAC”) refers to the amount of alcohol in a driver’s blood, which is used to determine an individual’s level of intoxication. Typically, police and law enforcement use a Breathalyzer machine and tests to determine a driver’s blood alcohol content for purposes of a drunk driving prosecution. What is the legal limit in New Jersey? In New Jersey, the legal limit is .08% Blood Alcohol Content (BAC). Therefore, if you are stopped for a motor vehicle violation and the officer has reasonable suspicion to believe that you are drinking and driving, you are required to submit to a breath test. If you submit to a breath test and your blood alcohol concentration is .08% or greater, you may be charged with driving while intoxicated (DWI) in New Jersey.
Special Treatment for Blood Alcohol Readings for a First Offense DWI
However, there are several additional issues that may arise. First, if the driver’s blood alcohol content is between .08% and .10% BAC, the driver is facing a license suspension of three (3) months. On the other hand, if the driver’s BAC is greater than .10% BAC, the driver is facing a license suspension of seven (7) months to one year. Further, even if the driver has a BAC of .00% and the officer believes that he or she is operating under the influence of drugs, the driver may be guilty of driving while intoxicated (DWI) if the State utilizes a Drug Recognition Expert (DRE) to prove that the driver was driving under the influence of drugs. Finally, if the driver is under the legal drinking age (21) and has a blood alcohol content (BAC) greater than .00%, the driver is guilty of underage DWI (commonly referred to as “baby DWI”) in New Jersey. The underage driver may also be charged with adult DWI if the breathalyzer readings are greater than .08% BAC.
East Brunswick NJ DWI Attorneys
While the majority of this page involves a discussion of how an individual’s blood alcohol content is treated under the New Jersey DWI Law, one of the primary objectives of a skilled defense lawyer is to have this evidence excluded from a case. There are any number of ways to achieve this result, including failure of police to follow proper procedure and/or because of a error or malfunction of the Alcotest breath test machine. Our attorneys have specialized training that most in the state do not possess as 5 at the firm are among the only approximately 50 that are certified on the Alcotest. As if this credential were not impressive enough, our DWI Defense Law Firm also have our own Alcotest machine, something which only one other firm can say, and this gives us the unique ability to experiment and explore breath test defense. Give us a call anytime of day for an initial consultation in our New Brunswick, East Brunswick or Woodbridge office. You are also invited to call as without obligation at 732-246-7126.