BAC: The Science Behind Blood Alcohol Content
One method of determining whether a motorist is operating a vehicle under the influence of alcohol or drugs is to measure their blood alcohol content. Blood alcohol content or BAC, is a measure of the amount of alcohol present in the bloodstream or breath of an individual, most commonly expressed as a percentage of alcohol in a given volume of blood or breath. For example, a BAC of 0.10 means that there are 0.10 grams of alcohol for every 100 milliliters of blood or in every 210 liters of air.
BAC can be measured via multiple methods, but the two most common methods for measuring driver BAC are attending a breath testing facility located on the side of the road or at the local police department. The local police departments of Mercer County and Burlington County use breathalyzers which require the driver to blow into a device in order to measure his BAC in alcohol. Though the device is referred to as a breathalyzer, it is officially called an "alcotester." At the local police department, the driver will be instructed on how to use the device, and will be required to try the device multiple times to ensure the readings are accurate.
Whenever using a breathalyzer test, the officer takes steps to ensure the reliability of the result . Under New Jersey law, there are strict requirements on when a test may be performed, the time it must be completed, and how a sample is taken from the driver. Further, a monitor or video must be on, identifying the driver and the officer, during the entire time the driver is being tested. Also, both the officer and employee administering the test must be certified, and both certifications must be current.
A person’s BAC may also be determined by arm-drawing, where a sample of the driver’s blood is drawn, with the exact amount of blood recorded and then tested at a laboratory to determine BAC. However, blood tests are primarily used in drug cases, where the Alcotester is not an option as a detection method. Additionally, chemical tests for drugs (blood, urine, or saliva) do not measure the driver’s BAC, nor do they measure whether a driver is under the influence of drugs. Instead, they are known to confirm or eliminate the presence of specific drugs.
BAC also has meaning in other situations, though the legal meaning of BAC changes from context to context. A BAC of 0.08 represents a scientifically established threshold for operating a motor vehicle while under the influence of alcohol. Employers will often use a BAC of 0.08% to refer to impairment while at work.
Legal Blood Alcohol Levels in New Jersey
In New Jersey, the legal blood alcohol content (BAC) limits vary depending on the type of driver:
General drivers: Most drivers face a legal BAC limit of .08. This standard applies to all drivers who are at least 21 years old and are driving a regular passenger vehicle.
Commercial drivers: Commercial drivers have a much lower legal BAC limit than regular drivers. The standard BAC limit for commercial drivers is .04. This standard applies to all commercial drivers regardless of age.
Underage drivers: There is an entirely different BAC standard for drivers who are underage. All drivers under the age of 21 face a BAC limit of .01. This BAC limit applies to any driver who is under 21 regardless of whether they drive a commercial vehicle or a private passenger vehicle.
Consequences for Overtaking the Legal BAC Limit
It comes as no surprise that the penalties associated with a drunk driving conviction in New Jersey can vary dramatically based on your BAC level. Prudent lawmakers understood that at certain levels of BAC, an offender becomes a danger to himself and others. On the other hand, it is also possible that someone could get pulled over after consuming just a few glasses of wine, and a BAC reading could put him in an instant danger from a legal standpoint. The law in New Jersey recognizes both of these situations, and has set forth a system of penalties based on BAC.
The penalties for exceeding the legal blood alcohol limit under N.J.S.A. 39:4-50 vary, depending on the highest BAC reading from the breathalyzer test you submitted to. Of course, the more severe the penalties are, the higher your BAC needs to be.
BAC level: .08-.09%
Condition of alcohol dependence not recognized
Fine: $250-$400
Jail time: 12 to 48 hours
License suspension: 3 months
BAC level: .10-.15%
Condition of alcohol dependence not recognized
Fine: $300-$500
Jail time: 2 to 90 days
License suspension: 4 months to 1 year
BAC level: .16 or higher
Condition of alcohol dependence not recognized
Fine: $1,000-$1,500
Jail time: 90 days to 180 days
License suspension: 1 to 2 years
In addition to these penalties, New Jersey imposes a 3-month license suspension, regardless of BAC. A DWAI conviction likewise carries a penalty of up to 6 months in jail, $500 in fines and license suspension for up to 6 months. Finally, although not specifically specified by statute, first offenders are encouraged to enroll into the IDRC program.
Which Factors Impact Your BAC?
Numerous factors can influence how quickly alcohol enters the bloodstream and, as a result, the BAC of an individual. While the body does process small amounts of alcohol naturally and is able to do so at regular intervals, the effects of alcohol intensify with over-consumption. Moreover, BAC levels are even more impacted by excess consumption if that alcohol is consumed in a short period of time. Drinking speed is perhaps the biggest single factor that affects BAC levels. While a 150-pound male will take roughly two hours to eliminate the effects of a single drink from his system, he will take around 12 hours to do the same level of drinking when the alcohol is consumed rapidly over one hour. This is because the body cannot process more than one serving of alcohol at a time, meaning that when a person drinks quickly, they have more alcohol than the body can handle. Excess alcohol that is not able to be processed quickly enters the circulatory system and rapidly dehydrates the body by absorbing the liquid in the body and pushing it out through urination. The excess alcohol also suppresses hormones in the body that would otherwise keep the body hydrated and help (for example , through the use of alcohol dehydrogenase) process the effects of alcohol quickly. As a result, much like the dehydration caused by exercise, quickly-intensifying alcohol consumption can leave one with a pounding headache, dry mouth, and foggy memory once intoxication wears off.
Some individuals are better able to tolerate alcohol than others. If you drink it regularly and in moderation, your body is better able to process the level of alcohol you are consuming, which in turn means that you will also gradually be able to tolerate more and more alcohol without feeling intoxicated. In many cases, a heavy drinker will not be legally intoxicated – and will feel as though they are sober – at a BAC of .08 because the amount of alcohol they are used to consuming. They might be just as impaired as someone who is legally drunk but just does not feel like they are. On the other hand, those who are not accustomed to drinking will feel the effects of alcohol much more quickly and strongly, generally being legally intoxicated even after only a drink or two. However, tolerance to alcohol often develops quickly and can vary based on the individual, the type of alcohol consumed, and the frequency with which a person drinks, so this tolerance is not necessarily a good thing.
How to Maintain a Legal BAC
Once you’ve been drinking and have reached a Blood Alcohol Concentration (BAC) that is higher than the legal limit (or even close to it) it is advisable that you do not get behind the wheel of a car, bus or truck. The legal limits are .08% in New Jersey for motorists old than 21, .08% in New York for motorists of all ages, and .02% in both States for commercial truck drivers. Being stopped with an exceeded BAC can potentially lead to serious charges.
Certain people will suffer from the effects of alcohol in ways that may cause them to test at or near the legal limit, but are not impaired in a way that could endanger others. As such, there are some things that can be done in an effort to bring a person’s BAC back down, and allow them to operate a vehicle safely. These methods are not scientifically proven to work, so please be sure to follow the advice above and not get behind the wheel, even if you believe that your BAC is within a legally permissible range.
There are a few things that you should do if you have a BAC that is .08% or less in order to bring it further down, in a safe manner. First, drink lots of water. Drinking a lot of water will help your body flush out the alcohol more quickly. Also, make sure that you are eating a lot of food, particularly proteins, as well. Food will absorb some of the alcohol in your stomach. You should also go to sleep for a while if you’re able to do so. Sleeping is an effective tool to help bring down your BAC.
If you’re going to be consuming alcohol, make sure that you drink it slowly. Spacing out your drinks will give your body more time to process the alcohol, and will allow your BAC to lower at a reasonable pace. Another great tip is to sip water throughout the night. Any time you are sipping an alcoholic drink, you should also be sipping on a few drops of water. This will not only keep you hydrated, but will dilute the alcohol in your stomach.
You should also try to monitor your BAC as best as you can. There are free apps available, such as AlcoDroid and iAlcohol, that will help you track your consumption, and will use a simple algorithm to give you an estimate of your BAC throughout the night. Again, we do not recommend trying to drive a vehicle if your BAC is .08% or higher. While these tips may bring your BAC down, they will not safely do so below this threshold.
When to Consult a Lawyer for DUI Offenses
If you are charged with Driving Under the Influence (DUI) in New Jersey, it is important to retain an attorney who has experience with cases involving DUI. Sadly, many times DUI can be reduced to a different charge if a blood test is involved. Many times there are defenses available if the police fail to comply with the law in obtaining a sample of your blood. Even if a sample of your blood comes back above the legal limit of .08 , there are defenses to be raised. A DUI conviction comes with serious penalties, including the loss of your driving privileges. It is very important to have an attorney who is knowledgeable to help you in your defense.