Understanding New Jersey’s Legal BAC
New Jersey Legal Limit for BAC
Understanding New Jersey’s Legal Blood Alcohol Level
The legal blood alcohol concentration (BAC) limits in New Jersey varies depending on the type of driver. While over-the-limit BAC may be used as evidence of drunk driving in criminal charges and civil liability lawsuits, it is important to understand that a BAC which is under the legal limit does not necessarily preclude drunk driving. Even BAC below the legal limit may still result in charges or liability if the driver is impaired due to alcohol and places other people at risk, such as pedestrians and other drivers.
Regular drivers
For standard, regular New Jersey drivers, the BAC limit is currently . 08 percent.
Commercial drivers
For commercial drivers, which is from the general vehicle code of the state, there is a stricter BAC limit of .04 percent.
Underage drivers
Leave it to lawmakers to make things complicated. There is a different BAC limit for underage drivers in New Jersey. Drivers who are not of legal drinking age—under 21 years old—cannot have alcohol in their systems while driving. Specifically, the statute states that if an underage driver has any detectable blood alcohol content at all, they are automatically guilty of driving while intoxicated, regardless of their actual BAC level.
BAC Over the Limit: What Happens?
As mentioned above, the legal limit in New Jersey for determining whether a driver is operating a vehicle under the influence of alcohol is .08 grams of alcohol per 100 milliliters of blood. In accordance with N.J.S.A. 39:4-50(a), any driver at or above this threshold is presumed to be intoxicated. Although this presumption can be rebutted, it is a unique statutory protection that makes it more difficult for a driver facing drunk driving charges to avoid conviction. If a driver is over .08 grams, she or he may face serious fines and penalties. First and foremost, an immediate license suspension will almost always occur. If the driver has no prior drunk driving convictions, the license suspension will be seven months to one year. If the driver has a single previous conviction under N.J.S.A. 39:4-50, the mandatory license suspension period is two years. For drivers with two or more previous convictions under the statute, the length of time that their driving privileges are revoked is extended to ten years. The length of any license suspension period or driving privilege revocation can be further compounded where the driver has violated other laws in addition to N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50.4 prior to conviction in the DWI case. Driving after license suspension or after being barred from receiving a license under N.J.S.A. 39:3-10 is a disorderly persons offense in New Jersey, which can lead to a lengthy period of (additional) suspension. Certain vehicular homicide crimes are graded as first degree felonies in New Jersey, meaning that a conviction can lead to ten to twenty years of imprisonment. The fines imposed for DWI are based on the BAC level of the driver. However, as noted above, if a driver has a BAC of .08 – .09, she or he will face a mandatory three-month requirement to attend intoxicated driver resource center classes. If a driver’s BAC is greater than .20, they can expect to face significant fines and several days in jail if convicted. A host of additional penalties can await a driver with a BAC of .20 or higher, including a hefty 12- to 48-month license suspension and mandatory treatment programs. Furthermore, a driver will incur points on his or her New Jersey driving record for a conviction under N.J.S.A. 39:4-50. The points add up quickly, as a driver will automatically be assessed three points for a first offense and compounding penalties for each subsequent offense. To illustrate, a first-time DUI conviction will result in three points being added to the defendant’s motor vehicle record. If a driver has any other single motor vehicle conviction in the same year as the DUI conviction, he or she will be assessed an additional two points on their record. Negative points begin at a driver’s fourth offense within a ten-year period; therefore, any DUI conviction will bring a driver closer to having their license revoked for an extended period of time. Importantly, the points assessed for a conviction under the statute will lead to a mandatory $150 surcharge fee for placement in the state’s Driver Improvement Program.
Ways to Measure BAC
Breath tests are the most common way of measuring a driver’s blood alcohol level after a suspected DUI. A breath test machine measures the amount of ethyl alcohol in a person’s breath and estimates the person’s blood alcohol level. The Alcotest 7110 MKIII-C is the official breath testing device used in New Jersey.
An Alcotest machine works by pulling a sample of a breath into its chamber and using infrared spectroscopy to identify the blood alcohol content (BAC) in a person’s breath sample. Because alcohol has no color and the scientific results are expressed as a number, the Alcotest machine doesn’t require a blood or breath sample to have a color. BAC levels are typically reported as a number ranging from 0 to 1. In New Jersey, penalties become harsher after a BAC of 0.08.
Additionally, a driver under suspicion of intoxication may be required to submit a blood sample. A blood alcohol test, such as a blood draw, is typically regarded as the most accurate method for determining a driver’s BAC as it directly tests the concentration of alcohol in the blood rather than estimating its concentration based on algorithms or estimates. Blood alcohol tests, however, can often be challenged and are vitally dependent on the method and the results. The organization that conducts the tests receives instructions, such as which test should be used, the appropriate amount of time between tests, what type of test to perform, which devices to use, and how to report the results. However, the most important aspect of BAC testing is how the samples are actually collected.
Field sobriety tests (FSTs) are widely used by New Jersey officers when making DUI arrests. These tests can be biased as the results are determined subjectively. FSTs include the one-leg stand, the walk-and-turn, and horizontal gaze. It has been proven that about 30% of sober drivers who are not under the influence of alcohol fail these tests.
The use of alcohol detectors has been used illegally in New Jersey. New Jersey courts have found the use of such devices to be unlawful and inaccurate.
How to Fight DUI Charges in NJ
For some people, performing a breath or blood test may be the first time they have had to take a test in many years, causing test anxiety which could negatively affect the outcome by affecting their results. If the traffic stop was illegal to begin with because the officer did not have sufficient cause to stop you then all of the subsequent testing is also illegal. A person in New Jersey can challenge the legality of the traffic stop and testing by suppressing that evidence from Court which could result in the case being dismissed. Another possible challenge to DUI charges is the accuracy of the breath testing machine. Many New Jersey towns have their own breath testing machine which is not calibrated on a regular basis. The law requires that each machine be calibrated once every 30 days , but many towns will wait until someone challenges the results and then calibrate their machines. The calibration of the breath testing machines can also sometimes be inaccurate causing a person’s breath test result to be skewed. Alternatively, if the machine is not calibrated every 30 days then the results of the machine could be called into question. These inaccuracies can be discovered through a forensic toxicologist, expert testimony who can determine whether or not the breath or blood sample was taken properly, if the machine was operating properly as well as other factors.
Drinking Responsibly in NJ
There are a number of ways you can reduce the risk of getting accused of DWI or DUI in New Jersey by managing your drinking and understanding how it affects your body. For example:
Pace yourself. The body is generally capable of processing one standard drink per hour, so if you have several hours to enjoy with friends, you should be able to stay within the legal limits for BAC.
Stay hydrated. Alcohol tends to dehydrate the body, which can make effects feel more intense. Make a habit of counteracting the dehydration from alcohol consumption with plenty of water to stay hydrated .
Know how the body processes alcohol. Understanding the process of elimination and the rate of elimination can help you determine if you have a likely chance of being under the legal limit for BAC.
Avoid binge drinking. Consuming five or more drinks in one evening might put you at risk of a DWI charge.
Never get behind the wheel if you feel drunk. Self-assessing your degree of impairment, however, can be extremely difficult, especially if social pressure is an issue or if alcohol has already begun to impair your judgment.