Municipal Court Corner: DWI conviction without Breathalyzer testing

Decide to drive after only a few drinks, but thought you wouldn’t blow greater than a 0.08%? Think you were safe because the breathalyzer is the only way to get caught drinking and driving? Think again, because you could easily find yourself in municipal court.

In New Jersey, you can be convicted of Driving While Intoxicated (DWI) two different ways: operating a motor vehicle (1) under the influence or (2) with a Blood Alcohol Content (BAC) greater than 0.08%. N.J.S.A. 39:4-50. Basically, this means that you do not have to blow greater than 0.08% to be convicted of a DWI.

This is how this could happen: the arresting police officer testifies as to your state of sobriety; he will attest to his observations made about your driving, conduct, demeanor, and ability to perform field sobriety tests and how you smelled, looked, talked, and acted. So even if you had a small amount to drink and maybe wouldn’t have a BAC greater than 0.08%, you could still be convicted of a drunk driving ticket.

If you’ve been charged with a DWI (also known as Driving Under the Influence, or DUI), you should contact an experienced attorney. The Law Offices of Apicelli & Costanzo can provide aggressive representation against all DWI and traffic offenses. We are dedicated to mitigating the adverse consequences posed by DWI and motor vehicle offenses. Our firm has represented many clients that have received traffic summonses in the municipal courts of Toms River, Ocean County, and across the entire State of New Jersey. Contact us, and let us assist you in protecting your rights.

This blog post is for informational purposes only and is neither intended nor should it be interpreted to be legal advice or opinion.