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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 a chemical test. A person’s BAC can be measured 30-70 minutes after a person has consumed alcohol.
Being aware of what BAC is and how it works is instrumental 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 of at or above .08%, you will be charged with a DUI. While a New Jersey DUI may not go on your criminal record, you still may face jail time, license loss, 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.
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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.
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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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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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 meant to substitute for any tests 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, just input the relevant information to provide the estimated amount of alcohol concentration in your bloodstream. You may also need to provide the time elapsed since you last drunk 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 persons charged with drunk driving offenses. Attorney Kugel and her team of legal professionals have dedicated their practice to providing tailored legal defense strategies to get the best possible outcome for their clients. You don’t have to face your charges alone.
Call (973) 854-0098 today to schedule a free consultation.
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