New Jersey’s DUI law seems clear: Drivers cannot operate a motor vehicle while impaired by drugs or alcohol. Based on the plain definition of “operate,” you might think you can sit in your car after a late night of drinking or smoking marijuana and rest until you’re sober enough to drive.
However, “sleeping it off” can be considered driving while intoxicated, even if your vehicle isn’t moving. New Jersey courts use a four-element test to determine whether a motorist’s actions amount to operation when they aren’t actually driving.
What Is DUI?
New Jersey’s law suggests two ways that prosecutors can establish DUI. The first is demonstrating that you were under the influence of an intoxicant. In other words, they must show that drugs or alcohol affected your ability to drive.
Prosecutors may use dash camera footage, body camera footage, or the responding officer’s testimony to prove that a driver was swerving, hitting the curb, or committing other actions that showed they couldn’t control their vehicle. The officer may also testify that the driver failed a field sobriety test, had bloodshot eyes, or slurred their words.
The second form of a DUI is a “per se” offense. You commit this offense when you drive with a blood alcohol concentration (BAC) over the legal limit of 0.08%. This is the case even if your driving abilities weren’t affected. Because you’re over the legal limit, the law presumes that it isn’t safe for you to drive.
As a result, the prosecution doesn’t need evidence of impairment for a per se offense other than test results showing your BAC.
Unlike some states, New Jersey doesn’t have a legal limit for other intoxicants, like marijuana or opiates. Thus, you can only commit a per se offense after drinking alcohol.
The consequences of a DUI conviction can be severe. A judge can impose a sentence that includes jail time, a steep fine, and driver’s license suspension, even for a first-time DUI.
The Legal Definition of “Operate”
The other main element of a DUI is the operation of a motor vehicle. “Operating” includes driving. However, New Jersey courts have expanded the term’s definition to include other acts.
To determine whether you were operating a motor vehicle, the court will look at the following factors:
- Were you in physical control of the vehicle?
- Did you have the intent to operate the vehicle on a public road?
- Did you take any action to place the vehicle in motion?
- Did you have the ability to move the vehicle?
Applying this definition to sleeping in a vehicle can be complicated because facts that might seem minor can affect the outcome.
For example, the first question about physical control will depend on where you were in the vehicle. If you were sleeping in the passenger seat or rear seats, you could argue that you weren’t in physical control of your car. However, if you were asleep behind the wheel, prosecutors will likely say that you were in actual or physical control.
Determining Intent and Control
The answers to the next three questions depend on where your vehicle was located and whether you had the keys. For instance, if you threw the keys out of the car before you drifted off, your DUI defense attorney could argue that you didn’t have the intent or ability to operate the vehicle until you were sober.
Conversely, if you had the keys on your person, the prosecution could take the position that you had the ability to move the vehicle at any time. This is true even if the keys were in your pocket or purse rather than in the ignition.
Similarly, if you were parked in a parking lot or your driveway, you could argue that you lacked the intent to drive on public roads. Your lawyer could also assert that you hadn’t taken any action to put the vehicle in motion.
On the other hand, suppose that you pulled over to the shoulder or a rest stop to sleep. The prosecution could argue that you drove to that location in an impaired condition, even if you were asleep when the police eventually found you. Therefore, the judge or jury might reasonably assume that you had taken action to move the vehicle.
Contact The Law Office of Steven Ellman to Mount a Defense Against Your DUI Charges
Avoiding a DUI conviction can be a complex matter. Among other things, you must prove that you weren’t impaired or operating the vehicle at the time of your arrest. Reach out today to discuss the circumstances of your DUI arrest and how attorney Steven Ellman can help you fight your charges.
