Last Updated on February 13, 2024 by Saira Farman
Like many states, New Jersey law also prohibits drunk driving. That is why for most drivers and motorists, there is a recommended blood alcohol concentration. So, understanding BAC is essential while driving in this state.
The recommended rate is 0.8% and anything above that can lead to arrest under N.J.S.A. 39:4-50. You will be prosecuted for driving while intoxicated. However, for other drivers, the legal limit can be lower, such as commercial drivers and minors.
Suppose you face a DWI case in New Jersey, what should you do? It is time to call one of the best New Jersey DWI attorneys.
Table of Contents
DWI for Underage Drivers
Underage drivers, those below 21 years when found with a BAC of 0.1% will face the charges. This is to discourage underage drinking and driving.
Remember that as long as you are age 21 and above, you are legally allowed to buy alcohol. So, drinking and driving is not allowed.
In addition, young drivers also tend to cause more auto accidents than adults. So, the reason why NJ legislators wanted to reduce dangerous driving incidents.
How to Determine BAC in New Jersey
There are various methods you can use to measure the BAC. However, police will use chemical blood tests in their drunk driving cases. On the other hand, you can also determine blood alcohol concentration using a breathalyzer device.
The data the device will record is used to prove your case and claim you were legally intoxicated. Nonetheless, the prosecutor can also charge you even when you don’t register a BAC that is above the recommended. That is because alcohol usually impacts your ability to drive negatively. So, the law accepts the authority to bring DWI charges when you show signs of intoxication.
Another thing, you may face charges when you refuse to undergo the test.
Using the BAC in your Defense
What will happen when charged with DWI? Most people will plead guilty. However, this is not usually the case. You can also raise legal challenges through the different options available.
Most of that will depend on specific facts or circumstances. Another thing, legal competence, and experience will be important. Before you go for a trial, the prosecutor should provide police reports from breathalyzer test results or breath machine records. Where there is an issue with evidence like internal or operation error from the testing device, your case can be ruled inadmissible.
You therefore do not have to assume the results are always accurate. Sometimes these tests are unreliable when not used properly.
So, here are some of the challenges your lawyer can raise:
- The driver used mouthwash and it contaminated the test results.
- The police officer used a faulty breathing device
- They broke the chain of custody after your breath results were transferred.
- The device is not calibrated as required.
- The test was administered during an illegal traffic stop.
What Should You Do?
The last thing when you face a DWI case is to talk to a reliable lawyer. Remember, not all attorneys are experienced in this field. You need one who has experience and can conduct a thorough BAC evidence and use other facts to win the case. So, before you proceed, you may want to discuss with your lawyer.