It’s no secret that driving while under the influence of alcohol is deemed a problem in New Jersey. For this reason, there are strict laws in place to delineate what is considered too inebriated to operate a vehicle and take to New Jersey’s roadways. Law enforcement does this by testing blood alcohol concentration in cases involving intoxication by beer, wine, liquor, and other alcoholic beverages. Blood Alcohol Concentration (BAC) measures the percentage of alcohol in a person’s bloodstream. It reflects how intoxicated a person is based on the amount of alcohol consumed relative to their body weight and composition, among other influential factors. Essentially, with a BAC above a certain amount, it is illegal to drive.
If you have been charged with driving while intoxicated (DWI), you need the skilled defense of a DWI attorney who can analyze your BAC test results, how they were obtained, and other critical aspects of your case, which is what our team has been doing for years on behalf of clients charged with drunk driving in Southern New Jersey. Contact us immediately at 732-440-3950 for a consultation to discuss your case with one of our DWI defense lawyers at Chamlin, Uliano & Walsh. Below, you’ll find more specific information about blood alcohol concentration and how it could affect your case.
Uncovering the Factors that Alter Blood Alcohol Concentration
Several factors can affect an individual’s BAC. These include their weight, gender, metabolism, and how much they’ve recently eaten. Generally, heavier individuals may have a lower BAC than lighter individuals after consuming the same amount of alcohol. Biological differences between males and females can also result in varying BAC levels for the same amount of alcohol consumed, as well as metabolic rates, which influence how quickly alcohol is processed. And if you’ve eaten before or while drinking, it can slow the absorption of alcohol into the bloodstream, potentially lowering BAC.
The Importance of Knowing Your Permissible BAC Before Driving in New Jersey
In New Jersey, you must be 21 to legally drink alcohol. As such, the legal limit for adult drivers aged 21 and over is 0.08 percent. Drivers at or above this level can be charged with a DWI. And for underage drivers, New Jersey enforces a zero-tolerance policy. Any detectable amount of alcohol in the system of a driver under the age of 21 can result in charges for underage DWI. Commercial drivers face a lower legal limit for blood alcohol content than regular adults, 0.04 percent. Due to the nature of their responsibilities, these individuals not only face a lower legal BAC limit, but face stricter consequences if they supersede the legal limit.
DWI charges for adults can result in fines, mandatory ignition interlock device installation in your vehicle, driver’s license suspension, and potential jail time. These convictions also come with insurance surcharges, mandatory alcohol education program participation, and increasingly severe consequences as the number of previous DUI convictions on your driving record increases. Underage drunk driving can lead to fines, suspension of driving privileges, and mandatory alcohol education programs. It can also result in a delay in getting your license if you are convicted of driving with alcohol in your system before you turn 17. Commercial drivers face hefty fines, license suspension, and potential impact on employment, as a DWI can jeopardize your commercial driving license.
How BAC is Used as Legal Evidence of Intoxication in NJ Courts
BAC is measured in two distinct ways. The most commonly known is the breathalyzer. This method takes breath samples to determine BAC. Another method that takes more accurate readings and directly measures alcohol levels from them is a blood test, but these are seldom used and require a warrant, whereas all drivers give implied consent to take a breath test when operating a motor vehicle on the roadways of New Jersey. Refusing to take a breathalyzer test in New Jersey is illegal, and it can result in serious penalties. While you might think that a law enforcement official not having your BAC will help you in the long run, it definitely does not from a legal standpoint.
BAC results from both breathalyzers and blood tests are generally considered admissible as evidence in DWI cases. This evidence can significantly influence the court’s decision regarding guilt. For this reason, it is essential that you have an experienced DWI attorney who can help you defend against a DWI charge. Some of the potentially effective defense strategies in these cases include challenging test results by questioning the accuracy of the breathalyzer or blood test results. It could also be argued that law enforcement did not follow proper protocols during testing in some cases, while in others, highlighting issues with the maintenance or calibration of testing devices can prove to be a successful defense.
Review Your Blood Alcohol Concentration and DWI Defense Options with an Attorney at the Jersey Shore Today
Understanding BAC, the legal limits, and potential penalties is crucial for navigating DWI laws in New Jersey. Moreover, having legal representation can make a significant difference in the outcome of DWI cases, especially when dealing with the technicalities of blood alcohol-related evidence. There is no doubt that a DWI defense attorney is a necessary ally when you’ve been charged with driving with a BAC above the legal limit, or even below it, which can and does occur for some in New Jersey.
Our accomplished DWI defense lawyers at Chamlin, Uliano & Walsh have decades of experience representing defendants in DWI cases throughout South Jersey, including in Hazlet, Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, and Red Bank. We are skilled at examining the circumstances under which DUI tests were conducted and the validity of the results. In this and other ways, our team will help develop a strategic defense, utilizing our technical knowledge of New Jersey DWI laws, processes, and evidence to craft a tailored approach based on your individual circumstances. Contact us today at 732-440-3950 to talk to a lawyer who is prepared to assist you.