What is BAC and Why Does It Matter?
Before diving into the types of BAC levels that determine legal limits and what that means for you, it’s important to understand exactly what we mean by BAC. BAC stands for "blood alcohol concentration." It measures the amount of alcohol in your bloodstream. The BAC levels that are recognized in most states, including New Jersey, are measured to be equivalent to the grams of alcohol per 100 milliliters of blood in the body, or the equivalent of the grams of alcohol per liter of breath exhalations in the lungs.
BAC levels are commonly represented as a decimal – so .08 means 0.08 grams of alcohol per 100 milliliters of blood. You will find the decimal system easier to measure than trying to figure out the exact amount of grams in your blood. It also provides an easier way to group multiple BAC levels together for comparison .
For example, these are the most commonly used BAC levels for driving while intoxicated:
Because BAC levels are comprised of decimals, an inebriated person could have a .10 BAC level and not taste any alcohol in their beverages or show any signs of impairment. Therefore, it’s vital to avoid relying on a personal test of BAC instead of an official breathalyzer or blood test performed by the police.
Your BAC level is also typically tested much later than when you last had a drink, so the reading that was given may not be representative of when you were pulled over. If you are concerned about your BAC level being higher than the legal limit, you should avoid driving altogether. It is better to spend a little bit of extra money to secure a safe ride home, rather than attempting to gauge your BAC level when you’re not sure of the exact time, or going through the DUI process.
New Jersey’s Legal BAC Limits
New Jersey is one of a small number of states that prohibits any level of blood alcohol from any controlled dangerous substance while under the influence. However, the state does recognize three different legal limits of BAC in New Jersey. They are as follows:
Drivers Over 21 – New Jersey drivers over 21 years of age are permitted to have the legal limit of .08% BAC while behind the wheel. However, anyone caught driving with a BAC of .08% to .10 may face penalties such as fines, penalization of driving privileges, and the use of an ignition interlock device.
Commercial Drivers – Commercial drivers are expected to have a lower BAC than those who drive standard vehicles. Anyone driving a commercial vehicle licensed in the state must keep their BAC at 0.04%. Like regular drivers, those found in violation may face suspension of their driving privileges, an ignition interlock device, or fines.
Underage Drivers – New Jersey is one of a small number of states that allows for no amount of alcohol while driving. This means that any driver under the legal age for alcohol consumption, 21, should not drive with any amount. Those caught behind the wheel with a BAC of .01% or higher may be charged with underage drinking and driving.
The Penalties of Driving Over the Legal BAC Limit
The legal penalties for driving with a blood alcohol concentration (BAC) that is above the legal limit in the State of New Jersey vary depending on the BAC level and the particular facts of the case.
Generally, penalties for driving with a BAC above the legal limit start with a fine of up to $400.00. Penalties also include a driver’s license suspension and the potential of over 30 days of community service.
Additional penalties apply based on the BAC level at the time of the arrest and whether the person had any prior offenses:
Refusal – $300 – $500 fine and possible 10-year driver’s license suspension.
.08 percent to .10 percent – up to a $400 fine, license suspension with a minimum 3-month suspension, 30 days of community service, and 12 to 48 hours in a drunk driver resource center.
.10 percent to .15 percent – up to a $500 fine, license suspension with a minimum 7-month suspension, 30 days of community service, 12 to 48 hours in a drunk driver resource center, and a mandatory 2-day jail stay.
.15 percent or higher – up to a $1,000 fine, license suspension with a minimum 4-month suspension, 30 days of community service, 12 to 48 hours in a drunk driver resource center, and a mandatory 2-day jail stay.
Ignition Interlock Device – An ignition interlock device is a breath analyzer that prevents a vehicle from starting when the driver’s BAC is greater than the preset level (0.05 percent). It is required for all convictions of DUI and DWI in New Jersey. The duration of the device period ranges from 6 months for refusals to 18 months for second-time offenders.
The punishments for refusing to submit to chemical testing are harsher than those for DUI/DWI. The New Jersey MVC assesses additional penalties for breath and blood refusal. If a chemical test refusal results in a conviction, the court will impose an additional 1-year driver’s license suspension and $300-$500 fine.
The Effect of Different BAC Levels on Driving
Within a few minutes after consuming alcoholic beverages, a person will begin to experience the effects of intoxification. Equally important, these effects become more pronounced as the number of drinks consumed increases. From a physiological and cognitive perspective, here’s how the various BAC levels can impact driving ability:
- 02 BAC – This is the threshold at which most people begin to feel the effects of alcohol. While it’s unlikely that someone at this level would suffer the legal consequences of a DUI, he or she may still experience slowed reaction times and an inability to concentrate.
- 05 BAC – At this level, impairment becomes more serious. The onset of mood and personality changes often occurs. By the time the carrier of this BAC reaches 0.08 — the legal limit in all 50 states — he or she will be experiencing impaired coordination, blurred vision and impaired judgment.
- 08 BAC – Again, the legal limit in all states. At this level, driving ability is severely inhibited .
- 10 to 0.14 BAC — Marked impairment will occur at this level. The driver will not be able to react to stimuli or drive without becoming distracted. His or her reaction time would be at least double that of a sober driver.
- 15 to 0.20 BAC — More impaired mental faculties and coordination. Because the body processes alcohol at the same rate no matter how much is consumed, severe impairment begins at a BAC of 0.15. While a BAC between 0.15 and 0.20 may not lead to arrest, the party in question could easily cause or become involved in a serious accident. At .20, the likelihood of severe impairment increases.
- 20 BAC and up — For most people, anything above 0.20 is an extremely dangerous level. It is recommended that anyone who has reached this point should seek out a designated driver, emergency services or a combination of the two to get home safely. Vomiting and unconsciousness are both common at this level. A BAC of 0.32 can even lead to death.
Staying Under the Legal BAC Limit
If you do choose to drink, it is important to remember the most important consideration is to remain in control of your faculties. Maintaining a Blood Alcohol Content of below .08% is important but you should try to stay safely below that level, preferably at about .06% or less. Even at .06% a person’s reaction time is increased and so is the risk of misjudgment. It is best to do this through careful pacing and self-awareness. Maintain your BAC within the .06% to .07% range and you can typically enjoy three drinks in a three-hour time period and all will be well. That is a little less than two beers an hour for most people. For most people who weigh over 140 pounds, this will not get you over the legal limit of .08% BAC. So pace yourself and enjoy your drink but do not overdo it. Ideally, you should be familiar with how alcohol affects you as opposed to other drinkers. This will help you understand when you are approaching your limit. This is more difficult to do when you are drinking socially as you are surrounded by others who may be overindulging. Also, drinking shots or drinks with multiple shots can cause you to exceed your limit very quickly. If you must order a complex drink, consider stretching it out over a longer period of time. Whatever you choose, just be aware of how the alcohol is affecting your ability to control your actions. Finally, do not drive after drinking. Designate a driver, use public transportation, or hire a ridesharing service to avoid any temptation to drive over the limit. It is worth the small inconvenience to have a sober ride home than to have your license suspended, pay a fine or worse, have your life or someone else’s ruined by an arrest or worse, a serious injury.
Legal Defenses Against DUI Charges in New Jersey
Criminal defense attorneys aggressively scrutinize the testing procedures used to determine a person’s blood alcohol concentration (BAC). Police must follow proper procedures when arresting a person for driving under the influence (DUI). Additionally, in order to obtain accurate BAC readings, police officers must correctly administer breath tests and wait the required time period before doing so. While you should still refuse a field sobriety test, police in New Jersey often subject individuals to other breath tests that are similarly flawed .
Many people do not realize that police in New Jersey must provide a standard statement to people prior to administering alcohol breath tests, including a statement on the specific charges that you are facing and your legal rights. If the police did not read this statement to you, the prosecution could be unable to use the results of any breath tests in court.
Furthermore, motorists must wait at least 20 minutes after consuming foods or alcohol before undergoing a breath test. If the officer failed to properly follow this rule, the accuracy of the breath test results can be called into question. These are only a few examples of how law enforcement agencies are sometimes able to use illegal or improper methods to secure DUI convictions.
