How much can I have to drink and still drive home?

On Behalf of | Jan 17, 2023 | Criminal Defense, DUI

When it comes to the allowable amount of alcohol in a person’s system, the state of New Jersey requires all those operating a motor vehicle to have a Blood Alcohol Concentration that is less than 0.08%. This BAC percentage is the amount of alcohol in your blood at the time of the traffic stop.

Though the law is clear about the BAC of 0.08%, it is possible to receive a conviction for driving while under the influence if your BAC is below this threshold.

The consequences of impaired driving

While the most common convictions of drunk driving contain BAC numbers that are higher than the legal allowance, a conviction is possible if the driver behaves recklessly or disobeys other rules of the road. Tiered consequences are in place for violators, with these varying according to both the number of offenses and the severity of the intoxication. You face a fine, jail time, license revocation, insurance surcharges and more for a DUI.

The confusion of an open container

New Jersey also has an open container law, but this has nothing to do with driving under the influence. For those under the legal drinking age, sealed or unsealed alcoholic beverages in a car are a violation of this law. The NJ statute requires any container of alcohol to remain closed and sealed while passengers are in a vehicle or while on a public street or in a public place. You can violate this law without receiving a DUI citation.

A DUI has serious consequences, especially if you have more than one offense. Make the decision to drive sober, stay safe and out of trouble.