You may assume that driving after having one or two alcoholic beverages is harmless. However, before you act on this notion, you must understand clearly how blood-alcohol content (BAC) works and what happens if a law enforcement officer learns that you are above the enforced legal limit. Without further ado, please read on to discover the consequences of your BAC level and how a seasoned Morris County DUI lawyer at Macri Law Firm can help you avoid making any further mistakes that might make your legal case worse.
How much can alcohol affect your BAC level and driving capabilities?
Technically, there is no standard formula you can use to measure your impairment and how long you will remain at this level. Sure, it matters how many alcoholic drinks you consume, but this is just one of many factors to consider. For one, it matters whether you had beer or wine versus cocktails, as the alcohol content in each may vary. Also, you must consider the time at which these drinks were consumed versus the time you got behind the wheel of your vehicle.
Plus, your gender, weight, and metabolism may all affect how sensitive your body is to alcohol. This is not to mention if you are on any prescription medications that poorly interact with alcohol (i.e., it causes drowsiness, faintness, loss of coordination, etc.). All of this to say, even if you and another person consumed two of the same alcoholic beverages at the same time, your BAC level and subsequently your driving capabilities may greatly differ.
What happens if I’m caught above the legal BAC limit in New Jersey?
Nonetheless, even if you feel okay to drive, you may find yourself in the unfortunate scenario of a law enforcement officer pulling you over on suspicion of driving under the influence (DUI). During this traffic stop, they may request that you submit to a breathalyzer test to determine your current BAC level. If the device indicates that you are above the legal limit of 0.08 percent, you may be charged with a criminal offense.
If this is your first offense, you may have to serve up to 30 days in jail and pay fines of $250 to $400. Of note, if your BAC level is considered high, at 0.10 percent or higher, your jail sentence, fines, and other punishments may be upgraded. Lastly, even with a BAC level below 0.08 percent, an officer may still find grounds to arrest you for an alleged DUI. This is if they noticed your reckless driving patterns beforehand, or impaired coordination or speech during the stop.
What happens if I refuse a breathalyzer test during my traffic stop?
Understandably, you may fear that a breathalyzer test will show a high BAC level even though you felt physically and mentally equipped to get behind the wheel. Or, you may worry that the device may produce an inaccurate number that may accidentally incriminate you. In this fight or flight situation, your gut instinct may be to refuse to take the breath test that the law enforcement officer asks of you.
You may assume that without these test results, there may not be enough evidence for the prosecution to use in a New Jersey criminal court. Well, you may be sadly mistaken, and we strongly advise you against doing so. Simply put, your refusal may constitute a separate violation. So you may face a driver’s license suspension, fines, mandatory participation in the ignition interlock device (IID) program, even if you are not ultimately charged with a DUI.
If there is the smallest possibility that you are up against any of these criminal consequences, you must hire a competent Morris County, New Jersey criminal defense lawyer from Macri Law Firm immediately. Your initial consultation should be the first step you take, so pick up the phone and schedule it today.