What is the legal definition of driving under the influence of alcohol?

Legally, the influence of alcohol is determined by the so-called blood alcohol concentration, or BAC, of a motorist. The maximum legal BAC has changed over the years. All state governments have generally lowered the limit in recent years.

In New Jersey, a motorist is considered to be driving under the influence of alcohol if he or she has a BAC of 0.08 or higher. However, a person whose BAC is lower than the legal limit can still be convicted of a DUI in both states.

New Jersey lowered its maximum BAC from 0.10 to 0.08 in 2003, joining most other states.