CAN YOU BE CHARGED WITH A DWI IF MY BAC IS BELOW 0.08%?
A person can be convicted of driving while under the influence of intoxicating liquor even when their blood alcohol concentration (BAC) is below 0.08% percent or if the results of the Breathalyzer are not accepted into evidence but the officer testifies to the contrary and the facts of the case support that conclusion. Arguably, consuming even a small amount of alcohol dulls the senses, decreases reaction time, and hampers judgment, vision and alertness. If a person consumes alcohol and their driving is negatively impacted, they can be convicted of drunk driving.
CAN YOU BE CHARGED WITH A DWI IF YOU ARE NO LONGER DRIVING?
In New Jersey, a person need not be actually driving a vehicle in order to satisfy the element for a DWI conviction. Instead, the operation element may be satisfied by any direct or circumstantial evidence of a police officer observing the accused in or out of the vehicle with the assumption that the person had clearly operated the vehicle while clearly impaired.
CAN YOU BE CHARGED WITH A DWI IF YOU ARE DRIVING A BOAT?
With over a hundred miles of coastline, New Jersey has thousands of boats traveling along it's shoreline daily. What some boaters might not realize is that the laws that pertain to drunk driving on land also pertain to boats on the water. You can be charged with Boating While Intoxicated (BWI) if you are to shown to be impaired while operating a vessel on the water.
