Legal BAC Limits Explained in New Jersey

What is a BAC and Why is it Meaningful

Blood Alcohol Concentration, or BAC, refers to the legal level of alcohol in a person’s blood. As its name implies, it is the concentration of alcohol in a total of 100 mL of a person’s blood, either in grams, milliliters, or deciliters. Because we are able to accurately measure the concentration of alcohol in a person’s blood, BAC has become the most common method by which a person’s legal intoxication is determined. BAC is typically expressed in terms of the ratio of alcohol to blood, such as 0.10%, or 0.10 parts of alcohol to 99.90 parts of blood. This means that a person with a BAC of 0.10% can be said to have 0 . 01 parts of alcohol for every 100 parts of blood in their system. It is used primarily in conjunction with drunk driving laws and penalties. In some states, individuals who are charged with DUI or DWI offenses are given a breathalyzer, which measures their BAC from a breath sample. The blood alcohol content at which an individual is considered legally intoxicated varies from state to state. In some states, drivers of commercial vehicles are held to a much lower BAC legal limit, as having a BAC of 0.04% or more while operating a commercial vehicle results in a separate DUI charge and subsequent penalties.

Legal BAC Limits in the State of New Jersey

In New Jersey, there are several legal blood alcohol content (BAC) limits based on the circumstances of the driver. Legal BAC limits apply to all drivers and vary depending on elements such as age, whether the driver is driving a commercial motor vehicle, or if the driver is underage. A legal BAC does not mean that the driver will not face penalties for drunk driving. Even with a BAC below the legal limit, the driver may still face DWI charges. According to N.J.S.A. 39:4-50, there are just two general legal limits that apply to all persons when driving: 0.08% BAC and 0.04% BAC. Any person driving a motor vehicle in New Jersey is considered to have given their consent to a BAC test if the police officer suspects you to be driving under the influence of alcohol or drugs. Refusing to submit to a chemical test of your breath, urine or blood is a violation of N.J.S.A. 39:4-50.4a, which carries severe penalties. A general rule of thumb is one drink equals .02. However, it completely varies from person-to-person how each drink can affect a person. Alcohol can affect everyone differently; therefore, even if you feel sober, you may actually be legally drunk. You should never drive after drinking because you never know how your body will react to the alcohol.

Penalties for Breaching Legal BAC Limits

New Jersey imposes significant penalties for those who operate a motor vehicle with a blood alcohol concentration of .08% or greater. As mentioned above, this is the legal threshold limit at which a driver may be arrested for driving under the influence (DUI) of alcohol or drugs. However, if you take a breath test reading that reveals your BAC to be .10% or higher, you can be facing increased penalties. The same result would be true if a blood test of your BAC showed your level to be .10% or higher. Unlike the breath test, which is necessary to trigger .10% BAC penalties, the blood draw is not necessary to rise to a legal traffic violation. The mere BAC reading of .10% or higher is what results in the legal violation of .10% BAC.
As with most criminal offenses, New Jersey imposes increased penalties on those who repeat the offense after violating the law at least once. One such example of this increased punishment is the difference between DUI with BAC of .08% to .09% and DUI with BAC of .10% or more. A first offense with BAC between .08% and .09% carries a penalty of up to 30 days in county jail, a fine of up to $500, and a 3-month driver’s license suspension. Alternatively, a first offense with BAC at least .10% carries a penalty of up to 30 days in county jail, a fine of $300-$500, a 7-month to 1-year driver’s license suspension, and up to 1 year of installation of an ignition interlock device in any motor vehicle owned or operated by the defendant. The penalties are even harsher if you are convicted of DUI with a BAC reading of .15% or higher. A first offense under this BAC threshold carries a penalty of up to 30 days in county jail, a fine of $500-$750, a 4-month driver’s license suspension, and 2-4 months of installation of an ignition interlock device in any motor vehicle owned or operated by the defendant. Repeat offenders – anyone with a previous conviction for drunk driving on their record – face even harsher punishments and longer license suspensions.
The next level of punishment occurs when a defendant is convicted of drunk driving on two or three occasions. The fines and penalties are as follows: If you received three drunk driving convictions on your record, you could face the following penalties: Beyond the legal imperative to avoid these serious penalties, drunk driving convictions carry very serious social and practical ramifications. These are the same consequences that you can face when convicted of any crime. If you are convicted of drunk driving in New Jersey, you are likely to find less employment opportunities, increased insurance premiums, loss of your driver’s license or ability to travel overseas, and social ostracism.

How to Test BAC in the State of New Jersey

There are two basic ways to test blood-alcohol levels: the breath test and the analysis of a biological sample, such as blood or urine. In New Jersey, only certain breath, blood, and urine tests are considered valid for DUI prosecution purposes. The Alcotest 7110 evidential breath test machine is the most common instrument used by law enforcement in New Jersey to determine the BAC of a breath sample. A DUI breath test exposes the individual to a certain amount of alcohol – allegedly about 6% of vapor alcohol present in his/her breath as of January 15, 2007. Another form of breath testing are portable breath test devices, or PBTs. PBTs are typically used by police officers to determine whether DUI charges are warranted.
Blood and urine samples are generally analyzed under laboratory conditions. A small amount of blood is drawn from the individual , placed in a test tube, and sent to a laboratory for further testing. Urine samples may be analyzed in a laboratory or under less controlled conditions in the field. Some forensic experts believe that blood results are far more reliable than breath tests because of the greater control associated with the collection, handling, and analysis of blood samples. Blood results can be affected by factors such as disease, prescription and non-prescription medication, and diet. Blood results have an inherent margin of error. The potential for such errors is mitigated when blood samples are collected and tested in a controlled laboratory setting.

Defenses Against High BAC Levels

There are a number of legal defenses that can be raised in the appropriate circumstance. The first of which is a legal challenge to the accuracy of the BAC reading. As we have talked about before this is something that’s best done by an experienced, competent DWI lawyer in New Jersey. There are a number of areas in these machines that are, at best, problematic if not plain wrong. For instance, BAC machines as a rule only measure ethyl alcohol in the form that a breath test is done. But they cannot measure the amount of any other type of alcohol in your breath.
If you are a diabetic, if you are going through menopause or you have any other number of issues or medical conditions where you might have a larger percentage of non-ethyl alcohol on your breath, then that might be something that your experienced attorney could challenge.
Another issue that you might have is the officer and his or her notes. If their notes don’t jive with what they reported, there could potentially be an issue with those readings or what the officer did. If they did not follow correct procedures, that could potentially be an issue. What happens all too often in these cases is it takes a long time to get to trial and by that time, the officers cannot recall what did happen. So if you are being accused of a crime and if you have a breath test that is in excess of the legal limit and you have an experienced DWI attorney representing you, then you should be able to minimize and in some cases eliminate the likelihood of that test coming into evidence against you.
It’s very important that you speak to your attorney in the first instance and that you have a serious discussion about challenging these tests.

How BAC Laws Affect New Jersey Residents

In addition to legal penalties, driving with blood alcohol content (BAC) levels above the permissible limit under state law can negatively impact every New Jersey driver. Of course, those under 21 years of age found to be operating a motor vehicle with a BAC of just 0.01% or above will face underage DUI charges, but even legal drinkers can be arrested on DUI charges for 0.08% BAC or higher. Convictions for these offenses can result a variety of penalties, including large fines, jail time, license suspension, and alcohol education programs.
New Jersey also imposes significant civil penalties on any driver who is found to be operating a motor vehicle with BAC levels that exceed the permissible limit. This means that the New Jersey Department of Motor Vehicles (DMV) has the authority to suspend your driver’s license for an extended period of time – even if your criminal charges get dismissed.
License suspension can be especially troubling in a state where most residents commute for work. Loss of driving privileges can make it difficult to effectively manage the demands of work and family. New Jersey allows a limited number of individuals with DUI convictions to drive to and from work under a restriction program .
Being convicted of violating New Jersey’s drinking and driving laws can also have an adverse impact on your business. Employers are required to make employment decisions based on state-federal law when hiring or firing employees. If you are convicted of DUI, several issues can arise at your place of employment. Employers can use DUI convictions as a basis for termination. Employers might also view the incident as evidence of irresponsible behavior and be less willing to extend future opportunities.
Additionally, some employers are required by law to conduct criminal background checks before hiring new workers. If a potential employer finds out about your conviction, it could affect whether you are hired. In short, if you have any DUI convictions on your criminal record, it can be hard to find meaningful employment, especially if the job requires you to drive as part of your day-to-day duties.
Finally, DUI charges can affect your auto insurance coverage. Most auto insurance policies contain clauses that allow the insurer to deny coverage for certain acts. Criminal offenses like drunk driving may qualify. Additionally, insurance carriers can deny coverage for any accidents that occur while you are operating a vehicle under the influence of alcohol.