DUI and BAC Readings

While we await the return of DUI checkpoints to the Jersey Shore, the Law Office of Frederick P. Sisto is happy to provide tips to help you avoid a wrongful DUI conviction. A common misconception about blood alcohol concentration (BAC) is that a defendant with an Alcotest reading of less than .08 can not be convicted of DUI.

Most people, including many attorneys, think that an Alcotest reading below .08 requires a not guilty verdict. That is only half right. A reading below .08 is proof that the accused is not guilty of a per se DUI. That still leaves the prosecution with the ability to prove what is commonly referred to as a DUI “observation case.”

An observation case can be proven based on the defendant’s: operation of a motor vehicle, performance on balance tests, speech, behavior, the smell of alcohol, admissions to drinking or drug consumption (including prescribed drugs), and the opinion of a qualified police officer, among other factors.

An observation case requires proof beyond a reasonable doubt that the defendant operated a motor vehicle while under the influence of alcohol or drugs. Our courts define “under the influence” as “a substantial deterioration or diminution of the mental faculties or physical capabilities whether it be due to intoxicating liquor . . . or drugs.” In plain English, most courts are only looking to determine if the ingestion of drugs or alcohol made the defendant a less safe driver by hindering his or her focus or reaction time.

The prosecution is not required to prove which particular substance or combination of substances caused intoxication. Thus, while a .07 or lower BAC will lead to an acquittal of a per se DUI, it can be used as evidence of intoxication in an observation case. That is to say, it can be used to show that a small amount of alcohol in combination with other drug(s) left the defendant “under the influence.” Or, it can be used to prove that a particular defendant was hyper-sensitive to the effects of alcohol and a small amount left him “under the influence” even though his BAC was below .08. The ultimate results will depend on the specifics of a given case, including which judge decides the case. There is no right to a jury trial for DUIs in New Jersey.

Stay tuned for additional tips and remember that the best DUI defense is a designated driver. Have a good week-end!

arson
Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a detail minded attorney that works tirelessly to get the job done right. If you need help Fred knows how to take care of your issues. Fred has years of experience and will work hard for justice for his clients. Fred is easy to talk to and has great communication skills!
Gibson H
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
Michael K
Google star 1Google star 2Google star 3Google star 4Google star 5
The DUI checkpoint alerts have been exceptional. Much needed work to bring attention to the unconstitutional searches.
Daniel K
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable with expungement!!! Thanks again!!!
Nicole B
Google star 1Google star 2Google star 3Google star 4Google star 5
Like clockwork thank you for all the info
Lee M
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F
Google star 1Google star 2Google star 3Google star 4Google star 5
Frederick is a pleasure to work with,great family guy. Fred pays attention to every detail and is totally accessible.
Tom A
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P