Can I Accurately Calculate My BAC Without A Machine?

The calculation involved in determining one's blood alcohol content is a highly variable and can fluctuate based on a variety of different factors. Some factors include the amount of food one ate that day, the type of food that was eaten, the amount of food still in one's stomach while consuming alcohol, the time of the first drink, the time of the last drink, the interval between drinks and the partition ratio of ones blood.

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What Is The Blood Alcohol Content Level In New Jersey For a DWI?

Blood Alcohol Content is the amount of alcohol that is in your bloodstream, and it is expressed as a percentage. This translates that a .08% BAC would mean the drinker has .08 grams of alcohol for every 100 grams of blood in the bloodstream.

Blood Alcohol Content

.08% is an important number when it comes to drinking and driving. This is because .08% is the minimum “legal limit” of blood alcohol content adopted by all states. The BAC reading is not the only factor, however, because in NJ even without a reading or with a reading below .08% a person can be convicted of DWI in what is commonly referred to as an "observation case". An observation case is where a police officer provides an opinion that the person was impaired by the ingestion of alcohol and that said consumption affected the individuals ability to operate a motor vehicle.

Can I Guess My BAC With Some Accuracy?

We don't recommend it. There are numerous “calculators” and charts on the internet that claim to accurately estimate what one's blood alcohol content is based upon answering certain questions. Due to all of the factors outlined above, relying upon these calculations is dangerous if you intend to use these to decide whether to drive after having consumed alcohol. These charts may take into account one's sex and weight and may provide a range but the penalties for driving while intoxicated are too severe to risk leaving it to chance and a BAC calculator.

So If My BAC Is Under .08 I Cannot Be Charged, Right?

Wrong. While that appears to be the common understanding of the drinking and driving laws in New Jersey it is not always the case. Police officers are granted a high degree of discretion in drinking and driving cases. This means that the police officer will look at the totality of the circumstances surrounding each individual case and be free to reach his own conclusion on whether or not the alcohol in one's system affected one's driving. A police officer may reach his conclusion by assessing the driver's infraction that allowed for the stop, the driver's performance on the standard field sobriety tests, or any other facts evident from interacting with the driver. So, all in all, it is best not to take your chances drinking and driving.


If you have been arrested for drunk driving In Monmouth County it is important to speak with a defense attorney like those at Villani & DeLuca, P.C.  Call our drunk driving defense attorneys at 732-965-3999.

Act Now Before It's Too Late!

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Mistakes happen all of the time. If a mistake was made by the police or the New Jersey prosecution it should not hurt you and your family. Our experienced NJ DWI Defense Lawyers at Villani & DeLuca regularly protect the legal rights of people who have been charged with DWI / DUI or breath test refusal. This traffic offense carries the possibility of jail time and costly fines in New Jersey. The stakes are too high and the possible effects can last for years. A strong legal defense can often convince the courts to have your drunk driving charges dismissed or reduced so don't risk your future by trying to defend yourself against a DUI! Contact Villani & Deluca today for a FREE case evaluation on all your pending drunk driving charges.

This website is designed for information purposes only and should not be construed as formal legal advice nor the formation of an attorney/client relationship.

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