You may know well that you cannot drive if your blood-alcohol content (BAC) level is above the state and federal legal limit of 0.08 percent. This is why you may be understandably confused when a law enforcement officer proceeds to arrest you even after your breathalyzer test recorded a lesser percentage. For this, please continue reading to learn whether you can get charged with a DUI if your BAC level is below 0.08 percent and how an experienced Morris County DUI lawyer at Macri Law Firm can work to eliminate this possibility.
Is it possible to get a DUI charge with a BAC level below 0.08 percent?
Under very specific circumstances, a law enforcement officer may be well within their legal right to arrest you for a DUI even with a BAC level below 0.08 percent. Here, the prosecution may have to prove any of the following to the New Jersey criminal court beyond a reasonable doubt:
- You may have been “noticeably impaired:”
- You may have been under the influence of drugs not directly detectable by a breathalyzer device.
- You may have taken prescription medications that hinder your ability to operate heavy machinery.
- Your appearance (e.g., bloodshot eyes) or behavior (e.g., slurring words). may have exhibited your intoxication.
- You may have fallen under “zero tolerance laws:”
- You may have had a minor child younger than 18 years old as a passenger in your vehicle.
- You may have been under the legal drinking age of 21 years old.
- You may have started your travels over the legal limit:
- Your BAC level may have been 0.07 percent at the time of your stop, but you have been traveling for a while.
What are the penalties for a DUI with a BAC level below 0.08 percent?
In short, the New Jersey criminal court may still decide to punish you for a DUI even if your BAC level was below 0.08 percent. The posed penalties may, again, depend on the extenuating circumstances surrounding your case.
On the one hand, if you were found guilty of underage drinking and drunk driving, you may lose your driver’s license for 30 to 90 days, be ordered to community service for 15 to 30 days, and be ordered to participate in an alcohol education program.
On the other hand, for drunk driving with a minor child in your vehicle, these consequences may be a jail sentence of up to six months, a fine of up to $1,000, a driver’s license suspension for up to six months, and community service for up to five days.
It is worth mentioning that being caught drunk driving while operating a commercial vehicle has its own subset of issues. This is because, by state and federal law, you may face the standard DUI penalties for a BAC level of 0.04 percent or higher.
If this is your current predicament, please pick up the phone and call a skilled Morris County, New Jersey criminal defense lawyer. Our team at Macri Law Firm will teach you your legal rights and represent you justly.
