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New Jersey Statute 39:4-50 prohibits the following conduct

  • The Per Se violation. It is a violation to operate a motor vehicle in New Jersey with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood. Evidence of a blood alcohol level of o.o8% or more taken within a reasonable period of time after operation of a motor vehicle is sufficient evidence by itself to constitute a violation of the statute. This is true even though the defendant with the prohibited level of alcohol may not be under the influence of alcohol.
  • Operating a vehicle while under the influence of intoxicating liquor.
    Although the statute prohibits this conduct, it does not define the concept of “under the influence of intoxicating liquor.” That definition has been developed through the case law and corresponds to a state where the defendant’s mental faculties or physical coordination are so deleteriously affected by the consumption of alcohol that it is improper for him or her to operate a motor vehicle. Ironically this offense is not logically related to the per se violation set forth above. A given defendant who is an inexperienced drinker may have a blood alcohol concentration substantially below the o.08% level and yet be profoundly intoxicated. Such a defendant would not be guilty of the per se violation but guilty of the under the influence portion of the statute. On the other hand an experienced regular drinker may a have a blood alcohol level above the 0.08% level and yet not be under the influence of alcohol. Usually both types of violation are charged and tried together and a conviction can be obtained under either theory.

David P Donnelly
NJ criminal defense

Of Counsel
O'Mara Law Firm
25 Sycamore Ave. Suite #2
Little Silver, NJ 07734

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Juvenile Offenses, Municipal Court cases ,DWI ,Driving While Uninsured,Driving While in Possession of CDS and other Traffic Violations Drug Offenses, PIP Court, Domestic Violence ,Violent Crimes ,Shoplifting