A 2012 report from the State of New Jersey Department Of Law and Public Safety [http://www.nj.gov/oag/hts/youlose_factsheets.html] stated that “10,322 people were killed in motor vehicle traffic crashes as a result of alcohol impaired driving. These alcohol impaired driving fatalities accounted for 31% of the total motor vehicle traffic fatalities in the United States.” This article will present a brief overview in respect of the penalties associated with a DWI conviction in New Jersey.

In the state of New Jersey, it is illegal to operate a motor vehicle if the driver’s blood alcohol concentration (BAC) is 0.08% or above. The 0.08% limit is the standard measurement of the legally impaired driver across the United States. The State of New Jersey has imposed a lower BAC limit for drivers of commercial vehicles.

It is difficult to predict how many drinks it will take for a driver to reach the 0.08% BAC limit. This is because there are a number of factors that come into play when determining an individual’s blood alcohol concentration. For example:

The body weight of the individual
The amount of time that has passed between drinks
The alcohol content of the drink being consumed
The speed at which the individual’s body metabolizes the alcohol

As a result, while there are charts and calculators that may attempt to predict the number of drinks leading to the standard BAC limit, it is virtually impossible to predict the amount with a certainty.

It is important to note that the State of New Jersey has strict laws against drunk driving. By drinking alcohol and operating a vehicle in the state, ‘an individual risks his or her freedom, finances and their future’.
New Jersey imposes the installation of an ignition interlock device on the car of any individual that is convicted of a DWI, except for certain first offenders. The ignition interlock device requires a driver to take a breathalyzer test before being able to start the vehicle. Therefore, if a driver’s BAC is 0.08% or above, the vehicle will not start. The device must be installed and maintained for the duration of the restricted driving privilege period.
If a driver is charged with a DWI, he or she may be able to successfully defend against that charge.

While there is no guarantee in any individual case, there is need to be looking for New Jersey DWI lawyers to best defend the case.

It must be noted that New Jersey has an implied consent law, which means that if you refuse to submit to a chemical test you are subject to a fine and license suspension upon conviction.  A Supreme Court ruling in July 2010 provided that non-English speaking drivers should have access to a translation of the warning statement of consequences in the event that the driver refuses to submit to an alcohol breath test.

About The Law Office of Bartholomew Baffuto:
The Law Office of Bartholomew Baffuto is a renowned law firm that is committed to defending DWI/DUI matters. For the best Jersey City DWI lawyer contact the Law Office of Bartholomew Baffuto.