For most drivers in New Jersey, the legal limit is 0.08%. This refers to a measurement of a person’s blood alcohol concentration, which can be taken in a few different ways, but is most commonly determined with a breath test. If someone reaches 0.08% or exceeds it, the court presumes they were impaired, and it is illegal for them to operate a motor vehicle.
That said, it is problematic to assume that this legal limit applies to everyone. It only applies to the majority of drivers who are 21 and older. For those who are under 21, the legal limit is much different. They can face impaired driving charges if there is any detectable amount of alcohol in their system at all. This could be as low as 0.01%.
Why is it different?
The simple reason for the different levels is that someone who is 20 or younger cannot legally purchase or drink alcohol. Any driver in this age bracket should be 100% sober at all times. Therefore, if the test indicates that they have been drinking, they are not given the leeway that older drivers are. Any alcohol is enough for an arrest.
This is crucial to remember, especially because a person does not even need to consume an entire alcoholic beverage to get to 0.01%. A college student who only has half of a drink at a party with friends could still fail a breath test. They may argue that they cannot even feel the effects of the alcohol at all and that they did not even drink an entire beer, but they could still reach this lower limit.
Those who are facing drunk driving allegations, especially at a young age, need to be well aware of their legal defense options.