Can I Get a DWI with a BAC Level Under 0.08 Percent?

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driver taking breathalyzer

A New Jersey law enforcement officer may pull you over on suspicion of driving while intoxicated (DWI). At this stop, they may ask you to submit to a breathalyzer test that measures your blood-alcohol content (BAC) level. As a typical rule of thumb, a BAC level of 0.08 percent or higher is not good news. With that being said, please read on to discover whether you can get a DWI with a BAC level under 0.08 percent and how a seasoned Gloucester County DWI lawyer at The Vigilante Law Firm, P.C. can help stop this charge against you.

What is the meaning behind a BAC level?

By definition, a BAC level is the percentage of alcohol in your bloodstream. For example, a BAC level of 0.10 percent indicates that your blood supply contains one part of alcohol for every 1,000 parts of blood.

Now, a New Jersey law enforcement officer may reference your BAC level to estimate the effects alcohol may have on your behavior. Specifically, your ability to maintain proper judgment and motor skills needed to be behind the steering wheel.

Namely, a BAC level of 0.0 percent indicates that you are legally sober; 0.08 percent means you are legally intoxicated; 0.08 to 0.40 percent means that you are very physically and mentally impaired; and 0.40 percent or higher means that you may experience serious health complications, such as a coma or even death.

In New Jersey, can I get a DWI with a BAC level under 0.08 percent?

To reiterate, a BAC level of 0.08 percent or higher is the point of legal intoxication at the state and federal levels. However, you must understand that you may still be convicted of a DWI even with a BAC level below this percentage. This is because New Jersey laws are primarily concerned with whether you were impaired while driving. Further, the law holds that you may be impaired at any BAC level above 0.0 percent.

Also, the best example to use is that you may be under the influence of a substance other than alcohol, which may not be picked up in your BAC level. Specifically, you may be under the influence of cannabis, cocaine, heroin, methamphetamine, prescription opioids, and other prescription drugs that hinder judgment and motor skills, just to name a few.

Ultimately, New Jersey law holds zero tolerance for those who consume alcohol below the legal drinking age of 21. So, if you are an underage driver caught with any trace of alcohol in your system, even below a 0.08 percent BAC level, you may face serious criminal penalties. This may entail a $500 fine for a first offense; a $750 fine and possible detention for a second offense; and a $1,000 fine and possible detention for a third offense. This is not to mention a mandatory driver’s license suspension and community service hours.

At the end of the day, what matters most is that you retain strong legal representation to get you through this critical case. For this, please contact one of the experienced New Jersey & Pennsylvania criminal defense lawyers from The Vigilante Law Firm, P.C.

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