| What is BAC and How is a DWI / DUI Proven in New Jersey |
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| A DWI (Driving While Intoxicated) or DUI (Driving While Under the Influence) charge is proven by your blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer, Alcotest, or Blood test. In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI). Being convicted of a DUI or DWI is a serious offense, carrying heavy penalties including: Fines, fees, surcharges, Jail time and Community service. Each persons body absorbs alcohol at a different level and the rate of absorption varies even in the same individual at different times of the day. (example most peoples bodies will absorb alcohol quicker in the mid day and much slower in the late night hours) Generally, the average rate of “burn off ” or elimination of alcohol is .015 in an hour which is much less than most people think and thus the reason why many people are surprised when a police officer asks them to step out of the car for the DWI tests. |
| Free Consultation with an Experienced NJ DWI & DUI Lawyer Call 1-800-9-RIGHTS 24/7 |
| H. Scott Aalsberg, Esq., P.C. Attorneys at Law Main Office: 39 Milltown Road 2nd Floor, East Brunswick, N.J. 08816 1028 Route #23 North, Wayne, N.J. 07470 Free DWI Consultation: 1-800-9-RIGHTS or (732) 257-5040 Call 24/7 |
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There is a difference between Blood Alcohol Content (BAC) and Breath Alcohol
Concentration (BrAC). Breath Alcohol Concentration (BrAC) is utilized most often by law
enforcement to extrapolate or estimate an individual's Blood Alcohol Content (BAC). The best
and most accurate way to determine Blood Alcohol Content (BAC), is through a blood
sample. Since it is very difficult to provide medical personnel to obtain this sample in field
situations (while the officer is determining if an individual is Driving While Intoxicated (DWI) or
Driving Under the Influence (DUI)), breath testing devices are utilized to determine Breath
Alcohol Concentration (BrAC) which typically can be used to evaluate Blood Alcohol
Content (BAC). Breath testing devices rely on an a ratio that equates the parts of alcohol found
in the breath to the correlating amount of alcohol found in blood. A Blood Alcohol Content
(BAC) of 0.20% means that there is 1 gram of alcohol per every 500 grams of blood. The
courts of all 50 states have determined that both the Breathalyzer machines and Alcotest
machines are scientifically accurate in determining BAC levels. The only way to prove the
BAC level taken by the police is inaccurate is by:
1) Proving a BAC test taken within a short period of time after being released by the police
has a substantially different result.
2) Proving that the police operated the machinery incorrectly
3) Proving that the machine used by the police was not operating properly
4) Proving the machine used to test was operating improperly
5) Proving the machine used was not properly certified
6) Proving the operator of the machine was not properly licensed or had an expired license
If a Breath Test or Blood Test is not given the police may still prove intoxication. BAC can
also be determined by physical tests. In New Jersey the most commonly used tests are: The walk and turn,
The one legged stand, Counting numbers or the alphabet, or the HGN Test.
HGN is the most commonly used test and is commonly known as the Horizontal Gaze
Nystagmus Test. The HGN test uses a penlight or a finger which is quickly waved across the
subject’s vision to see that both eyes move in tandem,at about a one foot distant –and the
driver is asked to follow the light or finger with the eyes. During the HGN Test the police
officer is looking for four indicators of impairment: if the eye cannot follow a moving object
smoothly, if jerking is distinct when the eye is at maximum deviation, is the driver following the
instructions given to hold his head straight without movement, and if the angle of onset of
jerking of the eyeball, instead of smoothly tracking, is within 45 degrees of center. If, between
the two eyes, four or more clues appear, the suspect likely has a BAC of 0.10 or greater.
At the Law Office of H. Scott Aalsberg, all of our attorneys are experienced at winning DUI
and DWI offenses. Repeat: Winning DWI and DUI Cases. Unlike other firms we don't just plead our clients
guilty. Each New Jersey DWI and DUI case is thoroughly evaluated and contested to get you the best results
possible. Each attorney has a minimum of 19 years of experience doing just that. Hiring the right attorney is
the best way of increasing your chances of winning your case. The second most important way of winning
your case is giving your attorney enough time to prepare the case. Many clients delay or procrastinate in
hiring a DWI or DUI attorney and this is the single biggest factor in getting the best result. The sooner you
attorney gets started putting a defense together on your case the more time the attorney has to find and
prepare the proper defense for you. You should hire your DWI lawyer within 48 hours of being arrested.
Waiting longer can jeopardize the result obtained in your case and the penalties for a DWI are severe
Mandatory fines and penalties 1st Offense N.J.S.A. 39:4-50
Alcohol or drug related DUI with BAC of 0.10% or greater
License loss 7 to 12 months
Jail up to 30 days
Fine $300–$500
$230 IDRC* fee
$100 to drunk driving fund and $100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund Up to 30 days 12–48 hours IDRC*
If BAC is over .15% ignition interlock device to be installed for 6 months to 1 year once drivers license is restored.
Alcohol or drug related DUI or DWI with BAC greater than 0.08% but less than 0.10%
License Loss: 3 months
Jail: Up to 30 days
$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund and $100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund Up to 30 days 12–48 hours IDRC*
Repeated DUI convictions
2nd Offense within 10 years of 1st Offense
Offense License loss Fines, fees & surcharges Prison term Community service requirement
2nd offense within 10 years 2 years $500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund and $100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund 48 hours–
2 to 90 days in Jail
Community Service for 30 days
12–48 hours IDRC*
Ignition Interlock device for 1 to 3 years once drivers license is restored
3rd offense within 10 years of 2nd offense
10 years loss of license
180 Days in Jail (up to 90 may be spend with court approval in an inpatient alcohol program)
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Jail for 180 days up to 90 days (can reduced if allowed by court to be served in an approved alcohol
inpatient program)
12–48 hours IDRC*
Related NJ DWI / DUI Offenses
Driving or riding with an open container
Offense Fines Community service
1st $200 10 Days
2nd $250 10 Days
Driving with a Suspended License Due to a DWI or DUI (39:3-40)
License loss Fines or surcharges Prison term
Additional 1–2 years $500 fine $250/year (for 3 years) surcharge 10–90 days
Driving while possessing drugs (39:4-49.1)
License loss Fines or surcharges
2 years Minimum $50 fine
Notes:
*IDRC - Intoxicated Driver Resource Center
*AERF - Alcohol Education and Rehabilitation Fund
Underage drinking may cause a six-month delay in getting a license
Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
Failure to pay a DWI or DUI surcharges will result in Indefinite suspension of driving privileges, a civil action filed in
State Superior Court by MVC including securing a lien against your property, garnishing your wages or other similar
action.
Concentration (BrAC). Breath Alcohol Concentration (BrAC) is utilized most often by law
enforcement to extrapolate or estimate an individual's Blood Alcohol Content (BAC). The best
and most accurate way to determine Blood Alcohol Content (BAC), is through a blood
sample. Since it is very difficult to provide medical personnel to obtain this sample in field
situations (while the officer is determining if an individual is Driving While Intoxicated (DWI) or
Driving Under the Influence (DUI)), breath testing devices are utilized to determine Breath
Alcohol Concentration (BrAC) which typically can be used to evaluate Blood Alcohol
Content (BAC). Breath testing devices rely on an a ratio that equates the parts of alcohol found
in the breath to the correlating amount of alcohol found in blood. A Blood Alcohol Content
(BAC) of 0.20% means that there is 1 gram of alcohol per every 500 grams of blood. The
courts of all 50 states have determined that both the Breathalyzer machines and Alcotest
machines are scientifically accurate in determining BAC levels. The only way to prove the
BAC level taken by the police is inaccurate is by:
1) Proving a BAC test taken within a short period of time after being released by the police
has a substantially different result.
2) Proving that the police operated the machinery incorrectly
3) Proving that the machine used by the police was not operating properly
4) Proving the machine used to test was operating improperly
5) Proving the machine used was not properly certified
6) Proving the operator of the machine was not properly licensed or had an expired license
If a Breath Test or Blood Test is not given the police may still prove intoxication. BAC can
also be determined by physical tests. In New Jersey the most commonly used tests are: The walk and turn,
The one legged stand, Counting numbers or the alphabet, or the HGN Test.
HGN is the most commonly used test and is commonly known as the Horizontal Gaze
Nystagmus Test. The HGN test uses a penlight or a finger which is quickly waved across the
subject’s vision to see that both eyes move in tandem,at about a one foot distant –and the
driver is asked to follow the light or finger with the eyes. During the HGN Test the police
officer is looking for four indicators of impairment: if the eye cannot follow a moving object
smoothly, if jerking is distinct when the eye is at maximum deviation, is the driver following the
instructions given to hold his head straight without movement, and if the angle of onset of
jerking of the eyeball, instead of smoothly tracking, is within 45 degrees of center. If, between
the two eyes, four or more clues appear, the suspect likely has a BAC of 0.10 or greater.
At the Law Office of H. Scott Aalsberg, all of our attorneys are experienced at winning DUI
and DWI offenses. Repeat: Winning DWI and DUI Cases. Unlike other firms we don't just plead our clients
guilty. Each New Jersey DWI and DUI case is thoroughly evaluated and contested to get you the best results
possible. Each attorney has a minimum of 19 years of experience doing just that. Hiring the right attorney is
the best way of increasing your chances of winning your case. The second most important way of winning
your case is giving your attorney enough time to prepare the case. Many clients delay or procrastinate in
hiring a DWI or DUI attorney and this is the single biggest factor in getting the best result. The sooner you
attorney gets started putting a defense together on your case the more time the attorney has to find and
prepare the proper defense for you. You should hire your DWI lawyer within 48 hours of being arrested.
Waiting longer can jeopardize the result obtained in your case and the penalties for a DWI are severe
Mandatory fines and penalties 1st Offense N.J.S.A. 39:4-50
Alcohol or drug related DUI with BAC of 0.10% or greater
License loss 7 to 12 months
Jail up to 30 days
Fine $300–$500
$230 IDRC* fee
$100 to drunk driving fund and $100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund Up to 30 days 12–48 hours IDRC*
If BAC is over .15% ignition interlock device to be installed for 6 months to 1 year once drivers license is restored.
Alcohol or drug related DUI or DWI with BAC greater than 0.08% but less than 0.10%
License Loss: 3 months
Jail: Up to 30 days
$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund and $100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund Up to 30 days 12–48 hours IDRC*
Repeated DUI convictions
2nd Offense within 10 years of 1st Offense
Offense License loss Fines, fees & surcharges Prison term Community service requirement
2nd offense within 10 years 2 years $500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund and $100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund 48 hours–
2 to 90 days in Jail
Community Service for 30 days
12–48 hours IDRC*
Ignition Interlock device for 1 to 3 years once drivers license is restored
3rd offense within 10 years of 2nd offense
10 years loss of license
180 Days in Jail (up to 90 may be spend with court approval in an inpatient alcohol program)
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Jail for 180 days up to 90 days (can reduced if allowed by court to be served in an approved alcohol
inpatient program)
12–48 hours IDRC*
Related NJ DWI / DUI Offenses
Driving or riding with an open container
Offense Fines Community service
1st $200 10 Days
2nd $250 10 Days
Driving with a Suspended License Due to a DWI or DUI (39:3-40)
License loss Fines or surcharges Prison term
Additional 1–2 years $500 fine $250/year (for 3 years) surcharge 10–90 days
Driving while possessing drugs (39:4-49.1)
License loss Fines or surcharges
2 years Minimum $50 fine
Notes:
*IDRC - Intoxicated Driver Resource Center
*AERF - Alcohol Education and Rehabilitation Fund
Underage drinking may cause a six-month delay in getting a license
Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
Failure to pay a DWI or DUI surcharges will result in Indefinite suspension of driving privileges, a civil action filed in
State Superior Court by MVC including securing a lien against your property, garnishing your wages or other similar
action.
What Determines BAC
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| Helping DWI Clients Get NOT GUILTY Verdicts For 19 Years 1-800-9-RIGHTS |