BAC Below the Legal Limit?
Speak with Our New Jersey DWI Lawyer to Learn More
Most people understand that the legal limit for driving under the influence
of alcohol in a non-commercial vehicle is .08% BAC (blood alcohol content).
What many people fail to understand is that
YOU CAN BE CONVICTED of driving under the influence
WITH OR WITHOUT A BAC READING being presented to the court. Make sure that you speak with our experienced
New Jersey DUI attorney as soon as possible to understand the weight of your charges, and your
The New Jersey statutes regarding DWI/DUI allow the state to prove its
case of intoxication against you in two ways.
FIRST, the state can prove a
per se violation. If the state can successfully introduce the blood alcohol evidence at
the time of your driving and if your blood alcohol is above a .08% BAC,
you will be convicted of drunk driving. Therefore, it is critical to present
the best defense possible by having your attorney examine the operation
of the Alcotest or Breathalyzer machine used in your case.
When scrutinizing chemical test devices, we may find deficiencies in its
operation when you were tested. There may have also been deficiencies
in its maintenance before and after you were tested. Our attorneys will
examine the police records to determine whether the breath testing machine
was working properly. It may be possible to keep your BAC reading out
without the breath test evidence, the state can prove that you were intoxicated
merely by the observations of the officer. Observations of your driving,
your speech, the smell of your breath, and your performance on certain standard
field sobriety tests can be used as evidence to convict you.
There are many misconceptions, pitfalls, and misuses of the field sobriety
tests by prosecutors and police. If the state is attempting to convict
you using these observations alone, you should contact an attorney immediately
as you may have defenses you are unaware of.
Give us a call to discuss your DWI / DUI arrest. Book your free
case review by calling