If I got a ticket for dui and blew a .07 what will most likely happen if i plead not guilty in n.j.

In New Jersey, you are automatically guilty of DUI if your blood alcohol concentration (BAC) is .08% or more. However, please bear in mind that you are not automatically "not guilty" if your BAC is under .08%. The State can still try to prove you guilty based upon the arresting officer's observations of your ability to walk, talk and perform various balance tests. If your BAC was .07%, you should definitely retain an attorney to represent you to insure that you do not find yourself getting convicted unnecessarily.

By falling below the “per se” blood alcohol content level of .08%, you have given yourself a good bit of running room. A “per se” violation means that the mere act of having a .08% blood alcohol content or higher while operating a car is sufficient evidence to constitute the offense of drunk driving in New Jersey. Without that “per se” support, the prosecution must show other evidence that you were intoxicated while driving. The prosecutor will have to rely much more heavily on human observations by the police officer – including how you were driving before the stop, how you behaved after the stop, and any video evidence. The strength of this kind of evidence will depend largely on fallible human observation and reaction qualities, including the police officer’s ability to observe, road and weather conditions, lighting, and the reasonableness of your actions in light of all those conditions. This is much “softer” than the numerical exactness of the breathalyzer and can allow you and your attorney to develop credible evidence to support your defense. In terms of consequences if you are found guilty, you face a suspension of your driving privileges for three months, a license restoration fee of $200, jail of 30 days (not likely on a first offense), attendance at an Intoxicated Driver Resource Center for between 12 and 48 hours, among other potential sentencing options. Also be aware of collateral consequences to a DWI conviction which could include, among other things, a license surcharge for three years and automobile insurance adjustments.

Your breath test results are below the per se limit (.08% BAC). The State cannot therefore convict you based on the readings alone. The State's case against you will rest on what is commonly referred to as "observation evidence." For example, the trial judge will look to your driving pattern, your general appearance, and the results of any field-testing. The Judge will have to determine whether that evidence establishes that you were driving while impaired beyond a reasonable doubt. Given the low breath test results, you should most definitely consider fighting the charge through experienced counsel. If a not guilty plea is entered, the State's evidence can be reviewed, and an appropriate trial strategy can be formulated to best try and neutralize the State's evidence and case against you. Greggory M. Marootian, Esq. Livingston, NJ www.newjerseydwi.com