You might think that sleeping off the alcohol in your car is the safe and responsible choice after drinking. However, depending on the circumstances, you may still break the law without realizing it. Understanding how New Jersey’s DWI laws apply to stationary vehicles could help you avoid legal trouble.
What does New Jersey law say?
In New Jersey, you may face DWI charges even if you are not actively driving. The key issue is the “operation” of the vehicle. Courts generally rule that you do not need to be moving down the road to be considered operating a car. If you are behind the wheel with your keys in the ignition, prosecutors might argue you were ‘operating’ the vehicle as defined by New Jersey law.
How can you protect yourself?
If there is circumstantial evidence that you operated your vehicle while intoxicated, you might be at risk of a DWI conviction. It is not recommended to drive your vehicle and park somewhere safe after drinking alcohol. If officers find you in a parked car on a highway shoulder, the court may infer past operation.
If you find yourself too intoxicated to drive, consider staying out of the driver’s seat entirely. Moving to the back seat and keeping your keys out of reach, such as in your car’s trunk, may help you prove you have no intention of operating the vehicle.
It might also help to arrange an alternate means of going home before drinking. Rideshare services, taxis or a designated driver could help you avoid a DWI charge.
Your actions can affect your future
Even if you have good intentions, sleeping in your car after drinking may carry legal risks in New Jersey. By familiarizing yourself with the state’s standards and knowing what to do to prove you had no plans of operating your vehicle, you may strengthen your defense against a DWI charge.