#ABKLaw BLOG by Marianne Bertuna, Esq.: We Were Born To Defend

#ABKLaw BLOG by Marianne Bertuna, Esq.: We Were Born To Defend

WE WERE BORN TO DEFEND…Bruce Springsteen who was charged with DWI

The National Park Service defines the commission of a DUI offense as a driver:

  • Who is deemed incapable of safely operating a vehicle
  • With a BAC of .08 percent or greater, or
  • With a BAC that is greater than the limit established by state law, if the state’s DUI limit is more stringent then that is applied. 

The arrest of Bruce Springsteen happened on federal property, Asbury Park, and so the Federal rules apply. Even though in the state of New Jersey a DWI arrest is made when a driver is deemed to have a BAC of .08 or higher.  As per Federal rules, an officer may make an arrest for DWI if they believe someone is incapable of safely operating a vehicle. Here, they also added the charges of reckless driving and consumption of alcohol, in my opinion, to bolster the charge of DWI.

This will be a difficult case for the US Attorney’s office in Newark to prove. They will have to prove the DWI and additional charges based on the credibility of the officers alone, as these charges rest solely on officer observation. 

Just because you have alcohol in your system does not mean that you are impaired or intoxicated. The Government will have to get over the tremendous hurdle that Bruce Springsteen’s BAC was only a .02, well below the Federal and New Jersey State limit. They simply can’t have it both ways! Either he was intoxicated or he wasn’t as per the test results weighing in at .02!

Also, the report states that they made this arrest immediately after Bruce Springsteen consumed a relatively small amount of alcohol for a man of his size. In the “DWI Criminal Defense World” there is something known as “mouth alcohol”, if the test is done so quickly after consumption, as the officers admitted that’s when it was done, the results can be considered inaccurate. Which means it probably would have been even lower had they waited!

And the elephant in the room, is that this is Bruce Springsteen in his home town of New Jersey! Most DWI cases under similar circumstances would have never ended up all over Social Media and in the News. So maybe a fan close by was videotaping the officers and they felt some more pressure to make an arrest or perhaps they are just not fans of The Boss aka Bruce Springsteen!

I am such a fan!


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