If a law enforcement officer suspects you to be intoxicated during your traffic stop, they may order you to submit to a breathalyzer test. This device accurately estimates the blood-alcohol content (BAC) level in your bloodstream. On both the state and federal levels, any BAC level of 0.08 percent or higher constitutes a driving under the influence (DUI) criminal offense. However, given extenuating circumstances, the officer may use their discretion and charge you with a DUI, even if you are below it. With that being said, please follow along to find out whether you will face a DUI charge even with a BAC level under 0.08 percent and how a proficient Morristown DUI defense lawyer at Graves Andrews, LLC, can do everything possible to get this charge dismissed on your behalf.
How many drinks does it take to reach a BAC level of 0.08 percent?
Generally speaking, your BAC level may remain in a safe range so long as you only consume one standard drink per hour. According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), a “standard drink” may be a 12-ounce beer, a five-ounce glass of wine, or a 1.5-ounce shot of distilled spirits.
However, no two drinks are prepared the same. Also, your characteristics may significantly influence your alcohol tolerance. This may depend on your age, gender, body type, hydration, medications you are on, food you have consumed, and more.
All of this to say, you may be considered intoxicated at the very first sip of your drink. So, we encourage you to avoid getting behind the wheel no matter how many drinks you have consumed.
Can I get a DUI if my BAC level is under 0.08 percent?
You may be surprised to learn that a law enforcement officer may charge you with a DUI even if the breathalyzer test indicates that your BAC level is under 0.08 percent. Notably, they may do so even if it reads at 0.00 percent. An officer may be in their right to arrest you if you have a “noticeable impairment.”
Your noticeable impairment may be detected from your physical appearance or behavior during your traffic stop. Or your poor driving patterns that led the officer to pull you over in the first place. This may happen if you are instead under the influence of drugs, even if they are certain prescription medications. Or if you consumed alcohol within 15 minutes of taking off in your vehicle, for example.
In addition, even if you are under the legal limit, your circumstances may fall under the state of New Jersey’s zero tolerance laws. Specifically, an officer may arrest you if you have a minor under the age of 18 as a passenger in your vehicle. Or you are younger than the legal drinking age of 21.
To give yourself enough time to develop a solid case, please contact one of the competent Bergen County criminal defense attorneys from McNerney & McAuliffe as soon as possible. We look forward to hearing from you.
