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 available defenses.

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 of evidence.

  • SECOND, even 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 856-235-9881.

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As a 2015 Clients’ Choice award recipient with a *10.0 Superb Avvo Rating, Attorney Baxter has demonstrated his ability to secure favorable outcomes on behalf of our clients, no matter how complex the situation may be. Although you may be worried about what the future holds, you do not have to work through this time on your own. We stand ready to relentlessly defend you from your initial consultation until the resolution of your case.

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