Can a person be guilty of DWI if he or she only had one drink?
The offense of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a judge must be convinced beyond a reasonable doubt that the person’s blood alcohol content (BAC) exceeded a certain amount. In all states the legal limit is .08%. Therefore, if it is proven that the person’s BAC at the time of the incident was .08% or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed.
In contrast, the second definition does not refer to any particular BAC; it focuses on the driving and overall behavior of the person. If the person’s driving is impaired by the consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person’s driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person’s ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person’s consumption of alcohol. If the judge then concludes that the prosecution has met its burden of proof, the person will be convicted of DWI. A susceptible person may exhibit impaired driving after one drink and may therefore be convicted of drunk driving.
Levow & Associates
1415 Route 70 East Cherry Hill Plaza, Suite 200, Cherry Hill, NJ 08034
Phone: (856) 429-1735 NewJerseyDUIHotline@gmail.com
The information on this site is not intended to be used as personal legal counsel, nor is to be used as a substitution for legal representation. We recommend that you consult a licensed attorney in order to address your litigation needs.
The Levow & Associates offices are located in Cherry Hill, New Jersey, and represent people charged with DUI / DWI / DAI in the entire state of New Jersey.
