DWI Charges for Sitting or Sleeping in a Car in New Jersey

It might seem like the offense of driving while intoxicated (DWI) in New Jersey requires proof that a defendant was driving a vehicle. This is not correct, though. Police can arrest you if they find you in a vehicle while intoxicated, even if you are not and have not been driving. One example might involve a person who, rather than driving home, decides to sleep it off in their car. This seems like a responsible choice, but to a police officer, it might look like the person still intends to drive. This intent is one of the key issues in this type of DWI case. A DWI defense lawyer’s job is to question any supposed evidence of intent to drive.

New Jersey Defines “Operate” Very Broadly

The state’s DWI statute defines the offense as “operat[ing] a motor vehicle” while impaired by drugs or alcohol, or with a blood alcohol concentration (BAC) of 0.08 percent or more. It might seem like “operating” necessarily means “driving” a vehicle. This is not how New Jersey courts have interpreted it, though.

A 1963 New Jersey Supreme Court decision held that proof of driving was not necessary for a DWI conviction. The case involved a defendant who was in the driver’s seat while intoxicated with the engine running. No evidence suggested that he had moved the vehicle from where it was parked.

One justice dissented from the court’s ruling, noting that “penal statutes call for strict construction.” While DWI is not a criminal offense, it can still result in jail time and fines. The dissenting justice concluded that “‘operates’…is and was used as synonymous with ‘drives.’” He noted that the evidence indicated that the brake was on and the gear shifter remained in the park position.

He further offered suggestions for why an intoxicated person might reasonably sit in their car with the engine running and no intention to drive, such as wanting to run the heater to stay warm while waiting for someone to pick them up. Despite these arguments, the majority’s view remains the law in New Jersey.

How Police Might Infer “Intent” to Drive

The following observations by police officers might lead them to conclude that a person intends to drive their vehicle:
– They are seated in the driver’s seat.
– The engine is running.
– The engine is not running, but the key is in the ignition.
The easier it would be for the person to start driving, the more chances the state may have to prove intent to drive.

Defending Against a DWI Charge With No Actual Driving

Sitting in a vehicle while intoxicated is not automatically proof of DWI. Prosecutors must still prove all of the elements of the offense. Possible defenses may include:
– Challenging the evidence of intent to drive, such as by showing that the engine was not running or the defendant was not in the driver’s seat;
– Disputing the claimed reasonable suspicion for questioning the defendant; or
– Challenging other evidence, such as BAC test results.

Police and prosecutors in New Jersey take DWI very seriously. An arrest can have a major impact on your life and future, regardless of whether you are convicted. An experienced and knowledgeable DWI attorney can help you understand your rights. They can advocate for you with prosecutors and in court. Evan Levow has dedicated his entire law practice to representing DWI defendants. Please contact us online or at (877) 593-1717 today to schedule a free and confidential consultation to discuss your case and see how we can help you.