Defendant’s Blood Alcohol Content is Dangerously High

In this case, the defendant has voluntarily provided a valid breath sample for the breathalyzer. Evidence of a dangerously high blood alcohol concentration from the breathalyzer may prompt the police to transport an arrested defendant to a hospital or other medical facility for additional testing, treatment, and observation. Many police departments in New Jersey develop standard operating procedures which mandate blood testing at a hospital when the results of the breathalyzer are in excess of a given level. In New Jersey, the legal limit is .08%. Therefore, for example, a blood alcohol concentration in excess of .28% (almost 4 times the legal limit) may prompt the police to transport the defendant to a hospital. Levels of intoxication this high, when left untreated, can result in serious complications or death.