Q: If a breathalyzer gets result is 0.0% is the violation still prosecutable?
my son (20 years of age) was arrested for a DUI in Howell Township, NJ based on the visual and physical exams at roadside. He admitted to the officer that he had consumed alcohol several hours earlier in the day but was currently sober. He was cooperative, and was arrested, taken to the police station where the breathalyzer result came in at 0.0% He has a virtual court date on 9/22.
A:
Yes it is prosecutable because he may have not been under the influence of alcohol, but instead under one or more types of drugs which made him unable to perform the sobriety tests. Note that although alcohol is legal and marijuana is legal it is not legal to drive with them in your system. Also note you cannot drive with certain prescription drugs.
Notice you said he is charged with DUI rather than DWI which would be alcohol related. DUI is drug related, although honestly they can charge you with either, just if your found under the influence of drugs the penalties are a little worse. Lastly please note that I suggest you hire a good lawyer for your son this is the type of case that needs to be vigoursly defended if you want a chance of winning.
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