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BAC Testing

BAC Testing for DUI in New Jersey

You Need a Proven East Brunswick and Freehold DUI Attorney

Law enforcement learns through extensive training how to spot suspected drunk drivers on the roadways throughout New Jersey.

They watch for erratic driving behavior such as:

  • Drifting in and out of traffic lanes
  • Speeding
  • Driving too slowly
  • Running stop signs/traffic lights

If an officer believes a driver is operating vehicle under the influence of drugs or alcohol then the driver may be pulled over to the side of the road and asked to step out. The officer will look for telltale signs of drugs or alcohol by looking inside the car for open alcohol beverage containers or drugs.

The officer may ask the driver to submit to a sobriety test, which is a series of simple tasks. After that, driver may need to submit to a Breathalyzer test to determine the amount of blood alcohol content (BAC). If the driver's BAC reading is 0.8% or higher, that would indicate that driver is legally too intoxicated to operate a vehicle safely. The BAC limits are lower for drivers under 21 years of age at .01% and .04% for commercial drivers. If your blood alcohol level is above the legal limit, then you will face criminal charges of DUI or DWI.

Get the Legal Help that You Need

The Law Offices of Ryan E. Gilbert, LLC is knowledgeable in the law concerning all of the following:

  • DUI evidence
  • DUI arrests
  • Police procedures
  • Constitutional rights

I defend clients aggressively and at each step from the time of arrest, at arraignment, and all following court proceedings.

Contact my firm at (866) 760-6430 to discuss your case with a knowledgeable East Brunswick DUI lawyer.

Blood Alcohol Contact (BAC) Evidence

The prosecutors and law enforcement agencies rely on BAC testing as critical evidence in their cases. Blood alcohol content testing is not an exact science and is often unreliable. The forensic evidence must be handled per established protocol, but that does not always happen. The defense can challenge each piece of evidence in a case, including the BAC testing. They can ask how the test was performed and whether it met the established standards. It is the job of the prosecution to present its case and it is the job of the defense to question all evidence.

Specific challenges may include:

  • Faulty test equipment, incorrect calibration of the Breathalyzer giving incorrect readings
  • Qualifications of the technician administering the test or handling the evidence

One drink is commonly a 12 oz beer, 5 oz of wine, or 1.5 oz of liquor. Certain factors can affect the amount of alcohol in a person's system such as the quantity of alcohol consumed, the body weight of the drinker, how quickly the drinks were consumed and the amount of food eaten. All of those can affect a BAC reading.

Consequences of a Conviction for Drinking & Driving

A refusal to take a BAC test is equal to a 1st time offense with a BAC reading of .08% and can result in license suspension and an insurance surcharge of $1,000 per year for 3 years. If the offender fails to pay the surcharge then his or her driving privileges are suspended until the fees are paid.

Other penalties can include time in jail from 30 days to 180 days, fines from $250-$1,000, license suspension up to 10 years, community service, and mandatory attendance at an Intoxicated Driver Resource Center. The penalties increase with multiple DUI convictions. In addition, the state has a "look back" period where they can consider your past DUI convictions for the past 10 years. If you have one prior, then your current conviction is the 2nd offense.

Get a Consultation with a DUI Defense Lawyer in East Brunswick and Freehold, NJ

In the state of New Jersey, the first three DUI offenses are misdemeanors. A defendant can plead guilty and accept the punishment handed down by the court. Another option is to plead not guilty and the case would proceed to trial, and you have the option to get your East Brunswick DUI attorney to aggressively challenge the evidence and seek an acquittal. The third option would be to plea bargain with the prosecutors. A plea bargain could take place if the defense and prosecution come to an agreement and often the criminal penalties are less as this agreement is negotiated out of court.

For more information about BAC testing and defense in New Jersey DUI cases, contact the Law Offices of Ryan E. Gilbert, LLC at (866) 760-6430 today. I am ready to defend you! 

Our Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Client Acquitted Assault
  • Assault Charge Dismissed Assault and Cross-Complaint for False Police Report
  • Charges Dismissed Domestic Violence Temporary Restraining Order Dismissed Against Client following Trial
  • All Charges Were Dismissed DWI and Careless Driving
  • DWI Charge Dismissed DWI and Reckless Driving
  • DWI And Lane Change Dismissed DWI, Reckless Driving, Failure and Unsafe Lane Change
    "I am very grateful for Mr. Gilbert excellent job!"
    Excellent Job! I contacted a few law offices before … Finally, I chose Ryan E. Gilbert…the way he greeted me made me feel like a very important client and took consideration for any conditions I had at the time. Everything was quick and smooth! He was well informed and smart he was also helpful and kind. I would recommend him! 5 stars and 2 thumbs up! I am very grateful for Mr. Gilbert excellent job!
    - Michelle
    "Ryan To The Rescue"
    Ryan is a very thorough attorney. He knows the law and he keeps you well informed of all the details with your case. He will work very hard for you. I would definitely use him again for any legal matters and would highly recommend him to anyone looking for an excellent attorney.
    - Former Client
    "My case had a successful outcome."
    Ryan was compassionate, intelligent, efficient and thorough; he gave good advice, represented me in court, and was successful in winning a reduction in my property taxes. I wholeheartedly recommend him. I know he handles other types of cases as well.
    - Former Client
    "Great job protecting my future"
    Ryan was a trusted adviser throughout the course of my legal issues. I was unfamiliar with legal proceedings and Ryan was able to explain to me my legal situation, and risks associated with various defenses and decisions I had to make. He took the time to explain all the scenarios to my satisfaction which gave me piece of mind and comfort. Ryan was also very responsive through various forms of communications (phone, email, text) which made keeping in contact convenient throughout the process. Ryan showed up on time (early in fact) to various appointments and appeared to handle relationship building effectively with opposing attorneys and the prosecutor. At the end of the day, I was very satisfied with the work done by Ryan as the outcome of my legal matter was better than I had expected and kept my reputation in tact, which undoubtedly will help me pursue my future career/professional ambitions.
    - Former Client
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    Mr. Gilbert has made my case easy and clear to understand without all the legal jargon. He took time to help me clearly understand my case and kept me updated with all occurrences. Also, the case had been postponed and he waited alongside and had a friendly chat at the nearby Starbucks and besides giving me a great case result, he made me feel as if I had someone by my side. Patient, honest, and soft spoken, Ryan is not someone else whom just told me what to do and I just say yes too, like previous attorneys I had. I will always suggest and use Ryan Gilbert as my attorney.
    - Former Client
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    Attentive, fast responding, professional and expert is how I would describe the attention and service that I received from Mr. Gilbert. He solved my matter quickly and explained in very clear terms each step and set expectation for action on all sides. I was very pleased with how my matter was resolved and would recommend Mr. Gilbert to those requiring legal services. If needed I would absolutely seek Mr. Gilbert's council again.
    - Former Client
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    Mr. Gilbert is an excellent attorney. His knowledge and experience make him an invaluable asset to anyone looking for an attorney.
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    "Ryan could not have been more helpful"
    I found myself in quite a situation and Ryan could not have been more helpful in my time of need. Ryan worked tirelessly and did whatever he could to secure for me the best possible outcome. Even when I first called, I never could have imagined having my case resolve as positively as it did. Thank you so much Ryan!
    - Former Client

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