[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/understanding-blood-alcohol-concentration-bac-for-dwi-in-nj\/#BlogPosting","mainEntityOfPage":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/understanding-blood-alcohol-concentration-bac-for-dwi-in-nj\/","headline":"Understanding Blood Alcohol Concentration (BAC) for DWI in NJ","name":"Understanding Blood Alcohol Concentration (BAC) for DWI in NJ","description":"When a motorist is suspected of drunk driving in New Jersey, law enforcement will typically ask them to submit to a test which measures the driver\u2019s blood alcohol concentration, or BAC.\u00a0Police use a driver\u2019s BAC to determine whether the driver is intoxicated. A person\u2019s BAC is measured in volume of alcohol per liter of blood.\u00a0If […]","datePublished":"2021-05-05","dateModified":"2026-01-08","author":{"@type":"Person","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/#Person","name":"William Proetta Criminal Law","url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"William Proetta Criminal Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","width":250,"height":76}},"image":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/03\/blood-alcohol-concentration-.jpg","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/03\/blood-alcohol-concentration-.jpg","height":879,"width":1000},"url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/understanding-blood-alcohol-concentration-bac-for-dwi-in-nj\/","about":["DWI\/DUI"],"wordCount":1306,"articleBody":"When a motorist is suspected of drunk driving in New Jersey, law enforcement will typically ask them to submit to a test which measures the driver\u2019s blood alcohol concentration, or BAC.\u00a0Police use a driver\u2019s BAC to determine whether the driver is intoxicated. A person\u2019s BAC is measured in volume of alcohol per liter of blood.\u00a0If the driver\u2019s BAC exceeds the legal limit, they will likely be arrested and charged with Driving While Intoxicated (DWI).What Does Blood Alcohol Concentration Do to Driving?Generally, alcohol has negative effects on most people operating vehicles. It dulls the driver\u2019s senses, slows down the ability of the driver to react, and limits the driver\u2019s ability to see clearly. The adverse effects of alcohol on the human body, and the impact that alcohol can have on one\u2019s ability to drive, are why New Jersey imposes such severe penalties against anyone convicted of drunk driving. The penalties for a DWI offense in NJ may include an\u00a0ignition interlock device, points on your driver\u2019s license, license suspension, fines, community service,\u00a0alcohol education classes, and possibly even imprisonment in the county jail.Blood Alcohol Level: Legal Limit for Intoxication in New JerseyNew Jersey law explicitly prohibits drunk driving under N.J.S.A. 39:4-50.\u00a0For most motorists, the legal limit for blood alcohol concentration (BAC) in New Jersey is .08 percent.\u00a0Anyone who is caught operating a car, truck, or other motor vehicle while having a BAC of .08 percent or higher will face charges for Driving While Intoxicated (DWI). For certain types of drivers, the legal limit is significantly lower than the standard of .08 percent. This includes minors and commercial drivers.Underage Drivers Can Be Charged With DWI for Any Amount of Alcohol in Their SystemIf a driver under the age of 21 is caught with a BAC of .01 percent or higher, they will face\u00a0underage DWI charges.\u00a0The lower threshold of just 0.01% for people under the legal drinking age serves an important public policy goal: reducing the likelihood of young people becoming intoxicated and then getting behind the wheel. The thinking is that\u00a0anyone under the age of 21 is not legally allowed to purchase alcohol\u00a0in the first place, so they certainly should not be drinking and then driving. Additionally, since younger drivers \u2013 especially teen drivers \u2013 tend to be involved in auto accidents at a higher rate than adults, NJ legislators likely wanted to reduce the chances of dangerous driving incidents.Limit for Intoxication Is Lower if You Have a Commercial Driver\u2019s LicenseA similarly strict standard of .04 percent BAC applies to commercial vehicle drivers, as commercial truck drivers who have CDL licenses are subject to a different BAC threshold than other motorists. As set forth by N.J.S.A. 39:10-13, a CDL-licensed driver who is operating a commercial vehicle with a BAC of .04 percent or higher may be arrested for DWI. The penalties for a first offense include suspension of their CDL license for one year, an ignition interlock device, monetary fines, alcohol education classes, and possible jail time. For many commercial drivers, the most punitive measure in these cases is the loss of their CDL because it can make it difficult for the individual to earn a living. Moreover, the ability to continue working as a commercial truck driver becomes practically impossible if the person is convicted of a second DWI charge. NJ law imposes a lifetime CDL license revocation for a second CDL DWI offense.The legal level of intoxication is lower for commercial drivers because New Jersey lawmakers recognized the inherent dangers posed by intoxicated individuals who are operating trucks and other large vehicles on roads and highways. This is a major reason that commercial drivers are often subject to heightened standards and stricter regulations when it comes to training, hours on the road, and vehicle maintenance.How Does NJ Determine BAC?While chemical\u00a0blood tests\u00a0are occasionally used by police in drunk driving cases, the state typically determines a person\u2019s blood alcohol concentration with a breath test reading from a breathalyzer device. In New Jersey, the breathalyzer used by law enforcement is the\u00a0Drager Alcotest. The data recorded by the Alcotest is then used by prosecutors in court to prove that the defendant was legally intoxicated while driving.It is important to note that a person can be charged with DWI even if they do not register a BAC above the legal limit. Since even a small amount of alcohol can negatively affect a person\u2019s ability to operate a motor vehicle, New Jersey law allows authorities to bring DWI charges against a driver when they show any signs of intoxication or\u00a0driving under the influence of a controlled dangerous substance, even if their BAC is below the legal limit of .08 percent.Beyond that, a person can also face DWI charges when they refuse to take a breath test. By law in New Jersey, prosecutors are allowed to use a police officer\u2019s observations as proof of intoxication. For example, the officer may testify that the defendant had bloodshot eyes, a red face, slurred speech, and the odor of alcohol on their breath. Not only can these observations be used as evidence that the defendant was intoxicated, but the driver could face additional charges for\u00a0Breath Test Refusal\u00a0on top of the DWI charges.Using the Blood Alcohol Concentration for Your Defense in a DWI CaseMany people charged with Driving While Intoxicated in New Jersey wrongly believe that they have no choice but to plead guilty, especially when a breath or blood test indicates that they had a BAC above the legal limit. This is far from true, as it may be possible to raise legal challenges to the evidence of intoxication. When it comes to challenging the evidence of blood alcohol concentration in your DWI case, there could be a number of different options available. Of course, a lot will depend on the particular facts and circumstances, as well as the experience and competence of your legal counsel.Before the trial, the prosecution is obligated to provide the defense with police reports, breathalyzer test results, and breath machine records. If there are any issues with the evidence, such as inconsistencies in the breathalyzer results, internal or operational errors with the testing device, a skilled attorney may be able to get your BAC evidence ruled inadmissible. It should never be assumed that the results of an Alcotest used by NJ law enforcement to measure BAC are accurate. In fact, these kinds of breath tests are often unreliable when used improperly by police. Some of the challenges to a breath test that may be raised by the defense include:The breath testing device was faulty.The driver had mouthwash that contaminated the breath test results.The police officer who administered the breath test was not properly trained.Chain of custody was broken when the breath test results were transferred between law enforcement and other partiesThe Alcotest measurements and serums were off or the device had not been calibrated per the requirementsIt might also be possible to challenge the BAC results in your DWI case by arguing that the breath test was administered after an illegal traffic stop. This type of challenge is known as \u201cfruit of the poisonous tree.\u201d If the evidence was obtained illegally, then it cannot be used against the defendant in court.What to Do Now? Talk to a LawyerUltimately, it is advisable to\u00a0have an experienced DWI defense lawyer conduct a comprehensive review of the blood alcohol concentration evidence and other facts of your case\u00a0before deciding how best to proceed. If you would like to speak to a seasoned New Jersey DWI attorney today, contact our office. Free consultations are constantly available to you by calling (201) 793-8018."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Understanding Blood Alcohol Concentration (BAC) for DWI in NJ","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/understanding-blood-alcohol-concentration-bac-for-dwi-in-nj\/#breadcrumbitem"}]}]