
While .08 is widely accepted as the legal limit of alcohol in your blood for you to be able to drive a car, you can still get a DUI if your breathalyzer results are under that number. In New Jersey, operating a vehicle while impaired is illegal, regardless of the results of a breath test. If you were arrested for driving under the influence with a BAC of less than .08, contact a Mercer County DUI lawyer to set up your free consultation today.
What is a DUI?
A DUI is a charge implemented for an individual who is caught driving a motor vehicle while under the influence of drugs or alcohol. Driving drunk is a serious crime and can lead to accidents, property damage, injuries, and death. The law generally states that driving a car with a BAC (Blood Alcohol Content) of .08 or higher is illegal and considered drunk driving. However, you can face legal repercussions even if your BAC is less than the legal limit.
Can I Be Charged With a DUI Even if My BAC is Under .08?
While many are not aware, it is possible to be convicted of a DUI even if your blood alcohol content level is below .08. This may confuse some, as .08 is the “legal limit.” However, the crime of driving drunk is met when the driver is impaired by drugs or alcohol. Impairment can happen without the BAC reading .08 or higher.
Consuming any amount of alcohol can dull your senses, leading to decreased reaction time, off-kilter depth perception, reduced visibility, impaired judgment, and more. The crime is driving while under the influence of alcohol. Someone who has a low tolerance may be a danger behind the wheel even if their BAC is .07 or less.
Regardless of the breathalyzer reading, a police officer may determine that you are intoxicated by observing your behavior, using their sense of smell, and administering field sobriety tests. Everyone’s body reacts differently to alcohol so while .08 is a good benchmark it is not the only factor worth considering.
Drivers have a responsibility to operate their vehicles safely while on public roads. By getting behind the wheel while impaired they are violating their duty of care to others and putting themselves and everyone around them at risk.
Do I Need an Attorney?
Having a BAC of .08 or greater is simply proof of your impairment, but anyone can be considered intoxicated with a lesser amount. If you are facing charges for a DUI even though your BAC was under .08 you must procure skilled legal representation. Reach out to an experienced attorney at the Law Office of Douglas Herring to discuss your situation today.