Often, we are out having a few drinks with our friends and don’t feel any kind of buzz. That is until we step outside into the fresh air and realize that we probably shouldn’t be driving. Therefore, we get into our car, lean the seat back and decide to take a brief nap and try to sleep off the effects of the alcohol.
The next thing you know, the police are knocking on your window. How can you be arrested for a DUI when you weren’t even driving?
The intent to drive
Sleeping it off in your car may seem like a responsible choice; however, New Jersey law enforcement doesn’t see it that way. It has to do with the concept of “intent to drive,” which means that you can be charged with a DUI even if you are not actually driving.
Several factors may indicate an intent to drive, such as:
- Your car is parked in a public space or on the road
- You are sitting in the driver’s seat, with the keys easily accessible
- The vehicle is off, but the keys are in the ignition, giving you the ability to start it and drive off
Even a first offense of a DUI carries significant legal consequences, including:
- A fine of $250-$400 for a BAC between .08 and .10; if the BAC is between .10 and .15, the fine is $300-$500
- Imprisonment of up to 30 days
- Loss of driver’s license until an interlock ignition device is installed. The IID can be in place between three and seven months, depending on the BAC level at the time of the arrest.
- At least twelve hours at an Intoxicated Driver Resource Center
- A $1,000 auto insurance surcharge for three years
Considering the implications of a DUI offense, you must work with someone who can help you navigate New Jersey’s legal system and possibly get your charges reduced or discharged.
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