DUI Defense: Elements of a DUI

dui defense

The person was operating the vehicle in an impaired manner, and there was alcohol or other intoxicants detected in their blood. In NJ, it is not necessary that the BAC (blood alcohol content) be at the 0.08 legal limit; if there is ANY alcohol in their system and they are operating the vehicle in an impaired fashion, they can be charged, and perhaps subsequently convicted of DUI. Impairment due to substances other than alcohol can also result in the need for a DUI defense.

Friends don’t let friends drive drunk

Additionally, in NJ you may have to mount a DUI defense if you are a passenger in a vehicle wherein the operator is charged with DUI. Knowingly allowing someone to operate a motor vehicle while impaired is against the law. So giving the keys to your buddy that “can handle his booze better” is a not only unsafe- it’s illegal. There are also stricter guidelines for alcohol consumption and vehicle operation if you are under the legal drinking age of 21.

Alternatives to drunk driving

First of all, if you know you’re going to be drinking, designate a driver. Pick someone to drive that doesn’t drink. That keeps a DUI defense from being necessary at all! If you aren’t doing this, think about a cab or other ride service. Know your limits- the generally accepted formula looks at 12oz of 4% beer, a shot of 100-proof liquor, 4oz of 12% wine, etc. as a drink. If you divide the number 3.8 by your body weight in pounds, you should get a number between 0.015 and 0.040. This your personal “blood-alcohol-maximum-per-drink” number. This is the most alcohol that will be added to your blood with each drink you take. So if you weigh 200lbs, your number will be 0.019. So if you were to drink 4 drinks within an hour, your BAC would be about 0.076, just under the 0.08 BAC limit.

Belaboring the obvious

So, obviously, the best DUI defense is not to need one in the first place! The toll on everyone involved is too great. Your life and the lives of all involved can change, even end, due to a DUI. Don’t let yourself NEED a DUI defense. But if you do, contact the Law Office of Douglas Herring, the BEST DUI defense attorney in NJ.