New Jersey DUI Basics: Blood Alcohol Testing
Under New Jersey's "implied consent" law, all drivers give their consent to BAC testing simply by being licensed to drive in New Jersey.
July 11, 2012
In New Jersey, a person is considered legally intoxicated and can be charged with Driving Under the Influence if his or her blood alcohol content is 0.08 percent or above while operating a motor vehicle. Prosecutors can use evidence of a person's BAC, obtained through a blood test, breath test or Alcotest, to prove in court that a person is guilty of DUI.How BAC Testing Works
When a person consumes alcohol, it is absorbed into the bloodstream through the mouth and digestive system. However, the chemical structure of the alcohol is not changed by the absorption process, so the alcohol remains intact as it circulates throughout the body. As a result, by analyzing a blood sample, it is possible to determine how much alcohol is in a person's system and, therefore, his or her level of intoxication.
Because blood testing is relatively invasive and inconvenient, law enforcement officers in New Jersey usually use a device called an Alcotest to determine the BAC of people suspected of drunk driving. When blood containing alcohol circulates through the lungs, a certain percentage of the alcohol evaporates into the air that the person exhales from his or her lungs. This makes it possible to determine a person's BAC by analyzing his or her breath. An Alcotest measures the amount of alcohol in a driver's breath sample and uses that information to calculate his or her blood alcohol content.
Implied Consent in New Jersey
Under New Jersey's "implied consent" law, all drivers give their consent to BAC testing simply by being licensed to drive in New Jersey. Since it would be inconvenient and inefficient to administer a blood test to every driver who is pulled over on suspicion of DUI, New Jersey law enforcement officers usually use a breath test instead. However, a driver who refuses to take an Alcotest breath test can be required to provide a blood sample.
Drivers convicted of DUI in New Jersey can face steep penalties that may include fines, imprisonment and loss of driving privileges. If you are facing charges for DUI in New Jersey, it is important to seek help right away from a knowledgeable criminal defense lawyer.
Article provided by Law Office of Sara Sencer McArdle, LLC
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