Breath Sample Size in New Jersey Different for Women Over Sixty

seniorIf you have been arrested for drinking and driving, you need to seek the help of a skilled New Jersey drunk driving attorney who can assess the merits of your case. At our firm, we have years of experience defending clients who have been charged with a DWI charge and can do the same for you.

Just this week, a Hoatcong woman was arrested for driving while intoxicated (DWI) and failing to stay in her lane, according to police. She was pulled over and given a field sobriety test, which she failed. She was then taken to police headquarters, given a breathalyzer test, and charged with a DWI.

Under New Jersey law, a person commits DWI when he or she drives with a blood alcohol concentration (BAC) of 0.08 percent or higher. For commercial drivers, the BAC level must not exceed 0.04 percent. For drivers under the age of 21, the BAC cannot be 0.01 percent or higher.

The Alcotest is a breath test that operates in accordance with set programming. There are certain rules that are associated with how the test must be conducted. Under New Jersey’s “implied consent” law, you do not have the right to refuse a breath test. This is because if you operate a motor vehicle on New Jersey roads, there is a presumption that you have implicitly agreed to submit to a breath test in situations in which law enforcement has probable cause to suspect that you were driving while intoxicated. This applies to drivers across the board without any exceptions.

In New Jersey, the minimum volume for a breath sample is at least 1.5 liters of air that covers a duration of 4.5 seconds. The Alcotest system is designed to make sure that the sample is representative of the overall BAC in a person’s body. It was determined that any sample containing less than 1.5 liters of air and a duration of less than 4.5 seconds would not produce a fair sample. If a driver cannot provide a sample large enough, he or she can be convicted of Refusal to Take a Breath Test. The law generally requires you to give two samples to be in compliance with the law.

For women 60 years of age or older, there are different rules. Research indicates that women over the age of 60 have difficulty achieving the 1.5 liters of air requirement. Specifically, the data revealed that women from ages 60 to 69 have an average breath volume of 1.4 liters, while women 70 years of age and older have even more difficulty achieving the necessary amount. Men, on the other hand, can produce a sample of 1.5 liters, irrespective of age. As a result, in the case described above, the driver would have had to produce 1.5 liters because she was 24 years old.

If you have been charged with a DWI, it is imperative to reach out to a skilled New Jersey DWI attorney without delay. We will evaluate the facts of your case and help protect your rights throughout the entire legal process. To schedule a consultation, call us at 877-450-8301 or reach out to us online.

More Blog Posts:

Alcohol Awareness Classes in New Jersey Following a DWI

The Effectiveness of Ignition Interlock Devices