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Blood Alcohol Content (BAC) is the percentage of alcohol that can be found in a person’s bloodstream. It factors strongly in cases involving drunk or impaired driving and can be measured through breath, blood, or urine tests. BAC typically begins to rise within 30–90 minutes after alcohol consumption. Being aware of what BAC is and how it works is important in making sure that you are adhering to New Jersey’s laws regarding drunk driving.
If you are stopped by a police officer and found to be driving with a BAC at or above .08%, you will be charged with a DUI. While a New Jersey DUI may not go on your criminal record, you may still face jail time, license suspension, ignition interlock requirements, and expensive fees if convicted. At The Kugel Law Firm, top-rated New Jersey DUI attorney Rachel Kugel can advocate for your rights and provide you with defense services to secure the best possible outcome for your case.
Contact us today at (973) 854-0098 to learn more about how we can help you.
New Jersey laws have different BAC thresholds for different types of drivers. While .08% is the legal limit of BAC for most drivers, meaning for the general population, other types of drivers may be charged with a DUI even if they have a BAC lower than .08%.
The BAC limit for drivers 21 and older is .08%. If you are legally allowed to drink alcohol and are found with a BAC of .08% or higher, you may be charged with a DUI. Even if it is your first time being charged, the charges and fines levied against you increase proportionally to the BAC level you have upon your arrest.
New Jersey has different levels of penalty for a first offense DUI depending on the BAC reading you are alleged to have had. Tier 1 .08- to below .10, Tier 2 .10 to below .15, and Tier 3 .15 and up.
Underage motorists, those who are legally allowed to drive but not to drink, must comply with a zero-tolerance standard. If an underage motorist is found driving with any BAC level, they may be charged with an underage DWI. Charges will depend on the BAC and age of the underage driver at the time of the arrest.
Underage drivers with a BAC of less than 0.07% can face a license suspension of up to 90 days and up to 30 days of mandatory community service, IDRC class attendance, and highway safety program completion. If the underage driver is under 17 at the time of conviction, the suspension will apply once they turn 17 years of age. Underage drivers with a BAC of .08% or higher are tried as adults and those who are found to have alcohol in their possession can also face a license suspension if convicted.
Commercial Driver’s License (CDL) holders who are found to have a .04% BAC while driving a commercial vehicle may be charged with a DUI. If the driver is operating a non-commercial vehicle, such as their personal vehicle, they will be subject to the regular limit of .08%. If the driver is convicted of DUI, the license suspension would apply to both their commercial and basic driver’s license.
| Driver Type / Age Group | BAC Threshold | Consequences / Notes |
|---|---|---|
| Drivers 21 years and older | 0.08% | BAC between 0.08 and 0.10: fines $250–$400, up to 30 days in jail, 12–48 hours in IDRC. BAC 0.10 or higher: fines $300–$500, longer license suspension, ignition interlock required. |
| Drivers under 21 | 0.01% | 30–90 days license suspension, 15–30 days community service, attendance in IDRC or alcohol safety program. If BAC is 0.08% or higher, standard adult DUI penalties apply. |
| Commercial drivers (CDL) | 0.04% | Applies when driving a commercial vehicle. If convicted, suspension applies to both commercial and basic licenses. 0.08% limit applies in a personal vehicle. |
In most states, if your ETG is above 500ng/ml you will be at high risk for failing.
NOTE: This calculator is not guaranteed to be 100% accurate and should only be used as a guideline. Calculator property of BSP legal marketing. All rights reserved.
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Rachel Kugel, founder of The Kugel Law Firm, is a seasoned New Jersey DUI attorney dedicated to defending individuals accused of driving under the influence of alcohol or drugs. A member of the National College of DWI Defense and the DUI Defense Lawyers Association, Rachel remains at the forefront of DUI defense strategies and has been recognized as a Rising Star Super Lawyer for three consecutive years. She is frequently invited to share her knowledge at events hosted by AVVO “Lawyernomics,” the NJ Bar Association, and Garden State CLE, further underscoring her reputation as a leader in the field.
Beyond her legal practice, Rachel is also a nationally recognized legal analyst, appearing regularly on CNN, FOX News, CourtTV, MSNBC, and HLN. Having defended hundreds of clients, she believes strongly that good people deserve the best defense possible and works tirelessly to hold the State accountable. Outside of the courtroom, Rachel continues to make an impact by leading “Mock Trial” programs for middle school students, fostering education and respect for the justice system in the next generation.
While BAC is instrumental in determining whether a person is breaking New Jersey law in terms of alcohol-influenced driving, having less than the BAC limit does not exempt a person from getting charged with a DWI. In a traffic stop, law enforcement can decide that your driving faculties are impaired through field sobriety tests and your behavior before the stop was conducted.
There’s a common misconception that eating food, drinking water, or taking a cold shower can help sober you up enough to drive. However, the only surefire way to lower your blood alcohol level is to give your liver time to metabolize and filter the alcohol from your system. It will take time before the effects of alcohol can be removed from your body.
As mentioned, even if you have a lower blood alcohol concentration, if police determine you to be a danger to yourself and others due to being impaired by alcohol, you can still be charged with a DUI.
Aside from field sobriety tests, there is a chemical test designed to determine the level of alcohol in an individual’s bloodstream. An EtG (ethyl glucuronide) test measures the amount of ethanol present in a person’s urine. As a biomarker test, an EtG test can allow law enforcement to detect traces of alcohol long after it cannot be caught in a blood or breath test. An EtG test can detect alcohol in a person’s system up to five days after consumption.
Abstinence from alcohol may be required in DUI/DWI programs that can be required upon conviction of a DWI offense. An EtG test may also be made mandatory for probation, alcohol addiction treatment programs, and family court cases.
If you are required to take EtG tests as a result of an alcohol sobriety program or as a condition of your probation, it is wise to seek the help of a qualified New Jersey DUI/DWI attorney. An attorney can help explain the legal ramifications surrounding EtG tests and how they can affect your case. Contact The Kugel Law Firm today to learn more about how we can help.
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EtG tests are commonly used to detect recent alcohol consumption. They work by identifying a byproduct of alcohol in urine, which can typically be detected for up to 80 hours after drinking. While EtG tests are considered more sensitive than traditional breath or blood alcohol tests, they are not perfect and do have limitations.
One of the main concerns with EtG testing is the potential for false positives. Many household and personal care products contain alcohol in small amounts, and exposure to these products can sometimes trigger a positive result. Items such as mouthwash, hand sanitizer, aftershave, breath sprays, cleaning supplies, cosmetics, and even certain foods prepared with alcohol may lead to detectable EtG levels in urine. Because of this, individuals may test positive even if they have not consumed alcoholic beverages.
Despite these limitations, EtG tests are generally effective in confirming whether someone has recently consumed alcohol. Research shows they can provide accurate detection more than 70% of the time, making them a useful tool in many legal, medical, and monitoring contexts. Still, the possibility of environmental exposure leading to a false result means that EtG tests should not always be the sole factor in making important decisions.
EtG tests are reliable at detecting alcohol use in most cases, but they are not foolproof. Their results should be considered alongside other evidence, circumstances, and testing methods to get a clearer and fairer picture of recent alcohol consumption.
Our BAC Calculator can give you an approximate measure of your BAC but you should not rely on it to determine your capacity to drive or go to work. The accuracy of blood alcohol calculators can be limited by a number of factors such as the following:
The BAC calculator is meant for educational purposes only and should not be taken as a replacement for qualified legal advice. This calculator is not intended to substitute for any tests that law enforcement officers may require you to take during a field sobriety test, a breathalyzer test, or a chemical test to determine impairment due to alcohol. To use the calculator, simply input the relevant information to obtain the estimated amount of alcohol concentration in your bloodstream. You may also need to provide the time elapsed since you last consumed alcohol to improve the calculation.
If you have been stopped by the police and charged with a DUI or DWI in New Jersey, it is important to get the help of an experienced DWI attorney. A skilled attorney can help you make informed decisions and walk you through your rights under the law.
At The Kugel Law Firm, top-rated New Jersey DWI attorney Rachel Kugel has diligently defended the rights of individuals charged with drunk driving offenses. Attorney Kugel and her team of legal professionals have dedicated their practice to providing tailored legal defense strategies to achieve the best possible outcome for their clients.
Call us today at (973) 854-0098 to schedule a free consultation.
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