what is a breathalyzer test that is .022?

Breathalyzers measure blood alcohol content as a percentage. A reading of .022 could be registering just one drink taken in the last hour. Generally, alcohol will dissipate at the rate of .015% per hour.

If the New Jersey limit is .08 you are presumed to be drunk if you test at .08 or higher. Mathematically, .022 is less than .08. A person who tests at .022 is not presumed to be drunk. This makes a difference in court. If you are presumed to be drunk, it driving under the influence is up to you to prove that you were not. If you did not test at .08 or higher, it is up to the prosecutor to prove that you were drunk. You can be charged with dui attorney driving under the influence even if you test at less than .08. But the test does not help the prosecutor as much as it would if you tested higher.


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