Driving under the influence (DUI), also called driving while intoxicated (DWI) under New Jersey law, is illegal. The consequences of a conviction can include jail time, a fine, and a mandatory substance abuse assessment, even for a first offense.
To make the best of a difficult situation, a DUI defense attorney will gather evidence and present legal arguments to fight for your rights.
Where Can You Commit a DUI?
Some states specify that drivers must operate their vehicles on public streets or highways to commit a DUI or DWI. In these states, your attorney might successfully defend you by arguing that you only operated your vehicle on private property, such as the following:
- Your driveway
- A parking lot or private garage
- A gated community
- A mobile home park
However, New Jersey’s DWI statute does not specify where the illegal conduct needs to occur. Instead, prosecutors only need to prove that you operated a vehicle while intoxicated or permitted an intoxicated person to operate a vehicle you own or control.
Importantly, the state interprets the word “operate” broadly. If you had the intent and means to drive the vehicle, New Jersey police officers can arrest you for DUI, even if the vehicle was not moving. Thus, doing any of the following while over the legal limit could violate the law and result in a DUI arrest:
- Driving through a parking lot
- Driving in a campground
- Sleeping in a car parked on the shoulder with the keys in the ignition
- Eating in your car in a fast-food parking lot with the keys on the dashboard
- Sitting parked in your driveway with the engine running for the heater or air conditioner
The police often check cars sitting in parking lots, in front of homes, or in driveways late at night or early in the morning. If they find you in the car while intoxicated, you may be arrested for DWI.
Types of DWI Offenses in New Jersey
When the police investigate a DWI in New Jersey, they try to prove one of the following offenses:
- You are under the influence of drugs or alcohol
- You have a blood alcohol concentration (BAC) of 0.08% or higher
- You permitted someone under the influence of drugs or alcohol to use your vehicle
To prove the first violation, officers typically must show that your driving ability was impaired by an intoxicant, such as liquor, narcotics, hallucinogens, or any other addictive substance. Officers will develop probable cause by observing you drive. For example, they might see you run a stop sign or weave on the road.
However, when the police see you in a parking lot or on private property, they might not see you violate traffic laws. Instead, they might become suspicious simply seeing you in a parked car late at night.
In either case, the police must have evidence that you committed a crime. Some evidence that might establish intoxication includes the following:
- Bloodshot eyes
- Slurred speech
- Clumsy movements
- Confusion
The police may also conduct a field sobriety test. This test will measure your balance and coordination. If you fail this test, the police may have enough evidence to arrest you for DUI.
Proving the second violation is much easier. The officers simply need to conduct a chemical test of your breath, urine, or blood to establish your BAC. If it is at least 0.08%, you committed a per se violation. The police can arrest you even if you did not violate any traffic laws.
Simply having a BAC of 0.08% or higher while having control of a vehicle violates the law.
Defending Against a DUI in Medford
Being arrested for DUI in a parking lot, driveway, or other private property can result in a difficult prosecution. The state must prove every element required by the DWI statute beyond a reasonable doubt. Your lawyer will fight to disprove the prosecutor’s case and establish affirmative defenses.
You Did Not Control the Vehicle
Prosecutors must prove that you had the intent and ability to drive the vehicle. If you threw the keys out of the window or left them inside your house, you can sit in your car while intoxicated without committing a DUI.
The Vehicle Was Not Driveable
Suppose your vehicle’s battery was dead or its fuel tank was empty. You would not be able to drive it, even if you had the keys. Sitting in a non-functional vehicle, even while drunk or high, does not constitute DWI in New Jersey.
You Were Not Intoxicated
You can sleep in your vehicle without committing a DUI if you were not intoxicated. Suppose the police assumed you were intoxicated because you were tired or sick. In your defense, you can present evidence that you were not impaired.
Fighting Your DUI Case
You can commit a DUI on private property, even when your vehicle is parked. However, you have defenses. Contact Steven Ellman to discuss your charges and how we can fight them.
