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!

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Very professional and knowledgeable, also awesome communication and very down to earth guy. Would highly recommend to anyone. Matter was resolved with the best possible outcome that I could've hoped.
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Have nothing but great things to say about Fred, highly recommended
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Quick response to phone calls and emails. Answered all my questions knowledgeably. And represented us very well in the courtroom. Thank you again.
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My charges were dismissed and he quickly got an expungement for me. He's worth way more than what I paid for. I will always be grateful. He never missed a single call, text or email from me. He also keeps me informed of all checkpoints
Bre D
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Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
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Great Job! Enjoy getting the updates.
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Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
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Fred never represented me but been in touch with him a few times and was a very professional experience from the minute I called the office
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Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
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Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
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