A blood alcohol concentration below .08% won’t prevent you from being prosecuted for DWI in New Jersey, but it does give you a stronger case to rebut the allegation that you were driving while intoxicated.
Most people don’t realize that there are two types of DWI cases in New Jersey.
In the first, your breath or blood will be tested for alcohol, and a result higher than the statutory limit of .08% is considered proof of intoxication.
In the second type of DWI prosecution, you can be convicted even if your BAC result was below the statutory limit, or wasn’t recorded at all.
Based on the observations of police and any other evidence available, the state can allege that you displayed indications of intoxication while operating a vehicle, and prosecute you that way.
It is harder for prosecutors to prove their case when chemical testing shows you had not been drinking excessively.
An experienced New Jersey DWI defense attorney can present the strongest possible rebuttal of the charges against you, and help you get the best outcome in your case.
Call attorney Matthew Reisig today at 732-625-9660 and talk to one of New Jersey’s most experienced DWI defense lawyers for free.
