Motorists accused of impairment while driving are at risk of criminal prosecution. The state can pursue driving under the influence (DUI) charges, which some jurisdictions call driving while impaired (DWI) offenses.
Like every other state in the country, New Jersey has laws that specifically reflect federal standards. Establishing certain traffic laws is necessary for the state to receive federal support for transportation infrastructure. Every state in the country has to have a drunk driving law that reflects current rules established at the federal level.
Drivers in New Jersey are typically aware that it is a crime to drive when they feel impaired or have diminished skill because of their intoxication. However, fewer drivers are familiar with what justifies a per se DUI offense. People who feel as though they drove in a normal and safe manner could still be at risk of DUI prosecution.
What is a per se offense?
A per se crime is an action that is illegal regardless of other details about the situation. In a DUI scenario, a per se offense relates to an individual’s blood alcohol concentration (BAC). The state must enforce its BAC limit regardless of how well drivers operate their vehicles or claims about having a high alcohol tolerance.
Adults driving standard passenger vehicles are typically subject to a 0.08% BAC limit. Most people notice impaired ability when their BAC approaches 0.08%, although not everyone has the same symptoms of intoxication.
Some drivers are at risk of per se DUI charges with lower BAC test results. People operating commercial vehicles are subject to a 0.04% BAC limit. They might not have any signs of intoxication at that point. Minors who are not yet legally allowed to drink are subject to a zero-tolerance policy. BAC test results of 0.01% or higher could be justification for a DWI charge.
Per se DUI offenses often have their basis in chemical test results rather than driver performance. As such, defendants have to develop a very specific defense strategy.
Reviewing what happened prior to a DUI arrest can help people evaluate their options. Fighting DUI charges is possible in cases where a traffic stop may not have been legal or where a driver may have another explanation for an elevated BAC test result.