Blood Alcohol Content (or BAC) is used to measure the amount of alcohol found in your blood stream when you've been accused of driving under the influence of alcohol. It can also be known as blood alcohol concentration, blood alcohol level, or blood ethanol concentration. A person's BAC can be determined by a breath test which will be administered by a police officer after being placed in custody. Many factors influence an individual's blood alcohol content, including gender, weight, the amount of food in your stomach, and your metabolic tolerance. If an individual in Toms River is suspected of drunk driving and given a breath test, they will be found guilty of driving while intoxicated (DWI) if they are found to have a blood-alcohol concentration of .08% or greater. If you have been arrested for DWI in Toms River, NJ, you should contact a Toms River Municipal Court attorney immediately.
The Difference Between a DWI and a Refusal In Toms River
If you are suspected of driving while intoxicated in Toms River and asked by a Toms River Police Officer to submit to a chemical breath test, you may refuse to take the test. However, in New Jersey, if a motorist refuses to submit breath samples, they will automatically be charged with refusal and subjected to certain penalties. The penalties for a refusal have become increasingly severe. If you are found guilty of refusing to submit a breath sample in Toms River, you will be subject to an automatic license suspension for a period of seven months and one year. You will also be required to install an ignition interlock device in your vehicle for a minimum of six months to one year after serving your license suspension. With the exception of the potential for a 30-day jail sentence, the penalty for a refusal to submit to a breath test is equivalent to the penalties associated with a DWI conviction where the blood alcohol content (BAC) reading exceeds 0.15%.
So while refusing a Breathalyzer may seem like a viable option when you are under the suspicion of DWI, Toms River motorists need to be aware of the severe penalties they will be subject to in the event they refuse to submit to the test.
Underage DWI Charge in Toms River, NJ
A DWI charge is a serious offense in Toms River under any circumstances. However, a DWI charge for an underage driver who wasn't drinking legally in the first place is even more serious. There are a different set of standards for an adult who is suspected of DWI and an individual who is under 21 and is suspected of DWI. Because it isn't legal for someone under 21 to be drinking at all, the standards are far lower to charge someone under 21 with DWI. Generally, to be charged with DWI, a driver's blood alcohol content must be .08% or above. If an underage driver is charged with DWI with a BAC level above .08%, the penalties and license suspensions will follow the laws for all Toms River drivers. However, a driver who is under 21 also can be charged with DWI if he or she has any trace of alcohol in his or her system. The penalties for such a DWI charge include having their driver's license revoked for 30-90 days and being required to perform community service. Also, any underage drinker convicted of DWI must enter the Intoxicated Driver Resource Center (IDRC) program and pay the fees for it. This does not include the other charges that they could be subjected to, including possessing alcohol underage, purchasing alcohol and possibly using a fake ID to purchase the alcohol.
Experienced Toms River DWI Attorneys
The law firm of Villani & DeLuca, P.C. represents clients throughout New Jersey on DWI and related charges In Toms River. Our attorneys have a wide range of experience in defending clients in DWI and refusal matters before the judges of the Toms River Municipal Court. If you have been charged with DWI, you should contact our team of Toms River DWI attorneys for a free consultation by calling (732) 965-3999.