Law Offices of Peter G. Aziz & Associates LLC

Reach Out Today At

973-869-5765
  • Home
  • About
    • Peter G. Aziz, Esq.
    • Paul D`Alessandro, Esq.
    • Samuel G. Shusterhoff, Esq.
    • Thomas R. Szieber Jr., Esq.
    • Andrew E. Sarti, Esq.
    • Salim F. Sabbagh, Esq.
    • Lauren DiBisceglie
    • Dr. Sandy G. Aziz
  • Practice Areas
    • Criminal Defense
    • Family Law
    • Civil Litigation
    • Franchise Law
    • Real Estate
    • Trusts & Estates
  • Testimonials
  • Blog
  • Contact
Law Offices of Peter G. Aziz & Associates LLC
973-869-5765
  • Home
  • About
    • Peter G. Aziz, Esq.
    • Paul D`Alessandro, Esq.
    • Samuel G. Shusterhoff, Esq.
    • Thomas R. Szieber Jr., Esq.
    • Andrew E. Sarti, Esq.
    • Salim F. Sabbagh, Esq.
    • Lauren DiBisceglie
    • Dr. Sandy G. Aziz
  • Practice Areas
    • Criminal Defense
    • Family Law
    • Civil Litigation
    • Franchise Law
    • Real Estate
    • Trusts & Estates
  • Testimonials
  • Blog
  • Contact
Thoughtful, experienced counsel
for New Jersey families and businesses — with the personal attention you won’t find at a high-volume firm.

Can you face DWI charges even with a low blood alcohol content?

On Behalf of Law Offices of Peter G. Aziz & Associates LLC | Oct 2, 2023 | DUI/DWI

It’s generally accepted across the United States that a person is legally drunk if their blood alcohol concentration (BAC) levels are at least .08% or higher. This benchmark applies even in New Jersey, where the punishments for those convicted of DWI depend on how high their BAC was at the time of the offense.

But can an officer charge you for DWI if your BAC barely misses the 0.08% mark?

Sufficient intoxication can lead to DWI

According to the state Attorney General, an officer can charge you with DWI even if your BAC doesn’t hit 0.08%. Even a small amount of alcohol can affect some drivers, so you can face charges no matter how low your blood alcohol levels are if an officer has reason to believe your driving ability was impaired.

The penalties for sub-.08% BAC DWI

If you’re convicted of DWI despite having a BAC lower than .08% at the time of the offense, you’ll face the same penalties as those levied against offenders with a BAC between .08% and .10%.

For a first conviction, you may have to pay as much as $400 in fines and serve up to 30 days in jail. A court might also ask you to serve a maximum detainment period of 48 hours attending a program under one of the state’s Intoxicated Driver Resource Centers. Officials might also order you to forfeit your driving rights unless you agree to have an ignition interlock device installed on your vehicle.

Yes, you can face charges

An officer can charge you with DWI even if your BAC level is lower than the .08% threshold. If you feel tipsy after just one drink or two, avoid driving. And if you are arrested and face a charge for sub-.08% BAC DWI, carefully consider your legal options.

Categories

  • Criminal Defense (71)
  • DUI/DWI (35)
  • Firm News (2)
  • Franchise Law (30)
  • Real Estate (41)

Archives

Recent Posts

  • What happens when you reach 12 points on your NJ license?
  • How underground oil tanks impact New Jersey home sales
  • Can texts or calls lead to domestic violence charges in NJ court?
  • What qualifies as domestic violence under New Jersey law?
  • How partners can protect a franchise with an operating agreement

RSS Feed

Subscribe To This Blog's Feed

Contact Our Attorneys

When something important is on the line, you deserve more than a case number. Reach out for a confidential consultation and we will take the time to understand your situation, answer your questions honestly, and explain your options in plain language — so you can decide what is right for you.

Law Offices of Peter G. Aziz & Associates LLC

Contact Us

Phone
973-869-5765

Fax
201-497-2013

  • Follow
  • Follow
  • Follow
Review Us

Summit

350 Springfield Avenue
Suite 200
Summit, NJ 07901

Summit Office

Clifton

1115 Clifton Ave
Suite 204
Clifton, NJ 07013

Clifton Office

Montclair

151 Forest St
Unit H
Montclair, NJ 07042

Montclair Office

South Rye

411 Theodore Fremd Ave
Suite 206
South Rye, NY 10580

South Rye Office

© 2026 Law Offices of Peter G. Aziz & Associates LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw