The Iler Law Firm represents individuals throughout New Jersey charged with driving while intoxicated (DWI), driving under the influence (DUI), and refusal to submit to a breath test including in Monmouth County, Middlesex County, Ocean County, and Mercer County, New Jersey. Our experienced criminal defense and drunk driving lawyers are available immediately 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 732-842-7787 for more information.
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 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.
However, there are several additional issues which 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.
