For the average person in the United States, the blood alcohol concentration (BAC) limit while driving a vehicle is 0.08%. This legal limit is also in effect in New Jersey.
A person can be arrested on impaired driving charges even if they are under this limit or if they are impaired by other substances, such as prescription medication or illegal drugs. But in most cases, the police will give a breath test because they want to see if a person has exceeded 0.08%.
That being said, it is important for drivers to understand that not everyone has the exact same legal limit. They should never assume that this applies to them in all cases.
Commercial drivers have a lower limit
For example, if a person has a commercial driver’s license (CDL), then their legal limit is 0.04%. If a driver violates this limit, they could still face a conviction, even if they wrongly believed that they just had to stay under 0.08%.
A conviction for a commercial driver can have major ramifications because they will lose their CDL and be unable to work, so the financial impact can be much greater than it would be for another driver. It can derail their entire career.
Underage drivers cannot drink at all
For someone who is under 21 years old, drinking itself is illegal. To address this, New Jersey uses zero-tolerance laws. If a teenage driver has a BAC of just 0.01%, they may find themselves facing drunk driving charges. Notably, this means they would not even need to consume one entire drink to violate the legal limit, so it is very easy for underage drivers to face DWI charges.
Legal defense options
If you are facing charges for a violation of any of these legal limits, it is crucial that you understand what type of sentence you could face and what defense options you have.