The blood alcohol limit for drivers varies based on their age and the kind of vehicle they operate. However, for most adults who are old enough to legally consume alcohol, the state applies a firm limit to their blood alcohol concentration (BAC).
You may realize that police officers can charge you with an impaired driving offense even if your BAC does not exceed the state limit of 0.08%. Drivers who have any amount of alcohol in their bloodstream and demonstrate an impaired ability to drive can face charges, especially if they cause a crash.
What you may not realize is that you can also face charges for having a BAC that is too high even if you drive like you do on any normal day.
Going over the legal limit is illegal regardless of how you drive
The established BAC limit of 0.08% is a per se a limit. That is a legal term that means that going over that limit is a crime in and of itself. Regardless of how you drive or how high of an alcohol tolerance you have, a chemical test that shows a BAC of 0.08 % or higher will likely result in your immediate arrest.
Police officers and prosecutors will not usually consider someone’s claims that they have a high alcohol tolerance in such cases. They will instead enforce the legal limit regardless of whether they noticed signs of impairment in the driver’s performance.
Understanding how New Jersey enforces impaired driving laws can help you avoid criminal charges or better handle a traffic stop.