Strange as it may sound, a person can be charged with a Driving While Intoxicated (DWI) charge in New Jersey even if the car is parked and the keys are not in the ignition. In fact, people have even been charged with DWI after they have arrived at their destination, exited their vehicle, and were seated at the counter in a diner to eat. It is even risky to “sleep it off” in your car. This conundrum is a result of New Jersey’s broad application of its DWI laws.
New Jersey statutes prohibit a person from “operating” a motor vehicle while impaired. However, the statutes do not define the term “operate” and state court interpretations of the term remain vague. Motorists have been charged with DWI for sleeping in their vehicles, sometimes with the keys in the ignition, and other times with the car turned off.
Determining whether a motorist was “operating” a vehicle is evaluated on a case-by-case basis by the courts. For example, the location would matter if a person was found to be under the influence behind the wheel of a vehicle on a long stretch of highway. The officer could reasonably conclude the driver was operating the vehicle shortly before the arrest and was impaired while doing so. Individuals have also been charged with DWI for knowingly allowing an intoxicated person to operate their vehicle. While these cases are rare, people have been charged with DWI when they were intoxicated as a passenger in a vehicle they own, and even for letting an intoxicated person drive when they were not even in the vehicle.
Operating a motor vehicle includes more than just driving, as New Jersey courts can evaluate whether a person intended to drive. In one New Jersey DWI case, a man who was drinking at a bar in the winter went to his car and turned on the ignition so the heater would work, then fell asleep. He was charged with DWI but was able to avoid a conviction by convincing the court that his intention was not to “operate” the vehicle but to sleep without getting frostbite.
Regardless of the specific circumstances of the situation, the penalties for a New Jersey DWI conviction can be severe and may include jail time, fines, community service, and mandatory driver education programs. Additionally, a DWI conviction can result in a criminal record that may impact your job prospects, housing opportunities, educational choices, or the likelihood of securing a loan.
You are more likely to avoid a DWI charge if you are not in the driver’s seat, the engine is not running, and if you were asleep when the officer found you. If you were charged with DWI in a parked car, a DWI defense attorney can fight to prove you did not intend to drive but instead were planning to sleep it off and sober up to drive safely.
If you were recently charged with DWI in New Jersey, it is important to treat the charges seriously, as the consequences of a conviction can be severe.
Navigating a New Jersey DWI charge can be challenging and frustrating. But you are not alone. DWI defense attorney John C. Iannelli has over 30 years of experience representing people charged with DWI throughout New Jersey. He knows how the DWI system works and will fight to protect your rights.
John C. Iannelli has been practicing law since 1992 and has dedicated his career to defending people charged with DWI and other crimes in South Jersey. Contact the Law Office of John C. Iannelli today to schedule an appointment to discuss your situation and how we can assist you.
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