I think it's a scam. Since 0.01 is the lowest level they can write a ticket for, they are choosing it when writing tickets that are not supported by breath tests.
A friend was in a car with others who were underage drinking and driving, and he was written a ticket for 0.01% even though he wasn't drinking.
There are many stories on the Internet of people getting tickets for 0.01% it's like the threshold for writing a ticket, so cops are using it that way.
In New Jersey they have something called "DWI" which is "driving while intoxicated". In New York, they use "DWI" for both "driving while impaired" and "driving while intoxicated". New York also has DWAI, and some are criminal charges while others are not. Some get points added to your license, some not. It can be very confusing.
In both states, the police have discretion to charge you with an impaired driving charge even if you blow BAC below the legal threshold. There is also a push to give the police more "per se" freedoms now that drugged driving is so common place. With "per se" the police have even more discretion when considering charging you for "dui-related" offenses.
"In New Jersey, a person is guilty of drunk driving if he/ she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater."
BAC refers to the amount of alcohol in your blood. Although the law refers to a 0.08 percent BAC,
you can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent.
Consuming even small amounts of alcohol dulls the senses, decreases reaction time, and hampers judgement, vision and alertness.
If you consume any amount of alcohol and your driving is negatively impacted, you can be convicted of drunk driving.
It is also a violation for a person to operate a motor vehicle under the influence of a narcotic, hallucinogenic or habit producing drug. You can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving while intoxicated (DWI) law. What follows is a summary of the penalties that result when a person is convicted of violating New Jersey’s DWI law."