Proving Blood Alcohol Content

Attorney Joseph Eustace

Blood alcohol content or BAC is the amount of alcohol that is found in your blood when it is tested by either by the Alcotest or the Breathalyzer. Basically if your reading is above a point 08 and the State can establish that you operated the motor vehicle, you’ll be found guilty of driving while intoxicated in the State of New Jersey. If your reading is above a point one zero, your license suspension is doubled because if it is under a one zero it’s a three-month suspension, if it’s above a point one zero it’s a seven to 12-month suspension.

But it’s incumbent upon the State to prove your BAC level, or your blood alcohol content, and they do that through the use of the machines, either the Alcotest or the Breathalyzer. In certain cases if you’re not in a position to take the Breathalyzer, you know, you’re unconscious or you are seriously injured in an accident, they can order -- or, excuse me, they can take a blood sample from you and that will be evaluated and that will be tested by the State Police crime lab. But most of the time you’re dealing with a Breathalyzer or Alcotest machine.

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