Yes, you can be under the legal limit and still be convicted of a DWI. | Rooney

By Matt Rooney
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Let’s be completely clear up front that I don’t know anything about the Springsteen DWI case beyond what’s been reported by the media, Save Jerseyans. I am, however, an attorney in my non-blogging hours, and I’ve been helping carry out my law firm’s municipal prosecuting duties in multiple New Jersey towns for the past decade. I’ve personally prosecuted hundreds of DWIs.

FYI: at least one aspect of the Media’s coverage of Bruce’s big run-in with the law is a bit off. 

Here’s what the The Asbury Park Press published this week: “The legal threshold indicating intoxication for driving purposes in New Jersey is .08, which calls into question why Springsteen was even charged with driving while intoxicated, the source said.” [emphasis added.]

Guess what? That source is either (1) completely ignorant re: DWI law and/or (2) just trying to support the Boss’s probable defense narrative. I know you’re shocked to hear it!

Bruce reportedly “blew” a 0.02% during the administration of the alcotest, but you can still be charged with AND convicted of driving while intoxicated if your blood alcholol content (BAC) is under the legal New Jersey limit of 0.08%. The issue is impairment. Hitting .08 is “per se” impairment, meaning the prosecutor doesn’t need to prove anything else if – after getting through the probable cause and operation phases of the case – he/she successfully gets the alcotest reading admitted into evidence. Here, the ranger allegedly saw Bruce take a shot of Patron and then start his motorcycle engine. Anything under 0.08% can still be proven beyond a reasonable doubt by examining, for example, how the defendant performed during field sobriety testing observed by the arresting officer. The ranger reportedly observed Bruce swaying.

Federal law (which applies here because Bruce was on federal property) is what matters here, and it’s unsurprisingly very similar to New Jersey law:

The results of chemical or other quantitative tests are intended to supplement the elements of probable cause used as the basis for the arrest of an operator charged with a violation of paragraph (a)(1) of this section. If the alcohol concentration in the operator’s blood or breath at the time of testing is less than alcohol concentrations specified in paragraph (a)(2) of this section, this fact does not give rise to any presumption that the operator is or is not under the influence of alcohol. [Emphasis added.]

Now, none of this means Bruce will ultimately be convicted of a DWI.

It’s not unusual in cases where the reading is below 0.08 for the DWI to be dismissed and the defendant to plead guilty to the less serious charge of reckless driving. It’s also completely routine for a motorist to be charged with a DWI even when the reading is below 0.08%. I’ve seen officers decline to charge a defendant after field sobriety testing. It happens. It IS a rare thing to not be charged after you’re transported back to the station.

Bruce deserves his day in court just like every other defendant. When that day arrives, make sure you take however the Media reports the legal landscape with a grain of salt. 

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Save Jersey’s Founder and Blogger-in-Chief, MATT ROONEY is a nationally-noted and respected New Jersey political commentator. When he’s not on-line, radio or television advocating for conservative reform and challenging N.J. power-brokers, Matt is a practicing attorney at the law firm of DeMichele & DeMichele in Haddon Heights (Camden County). 

Matt Rooney
About Matt Rooney 8403 Articles
MATT ROONEY is SaveJersey.com's founder and editor-in-chief, a practicing New Jersey attorney, and the host of 'The Matt Rooney Show' on 1210 WPHT every Sunday evening from 7-10PM EST.