Can I Get a DWI For Sleeping in My Car While Intoxicated in NJ?
After a night out with friends that ended in one too many drinks, you may decide to play it safe and sleep in your car instead of driving home. However, the last thing you expect is to wake up to a knocking on your window and flashing red and blue lights behind you. It’s imperative to understand that you can face DWI charges in some instances for sleeping in your vehicle while intoxicated. The following blog explores what you should know about these unusual matters, including the importance of working with a Bergen County, NJ DWI attorney to help you through these difficult times.
How Can I Be Charged With a DWI if I’m Sleeping?
Under New Jersey law, you can be deemed intoxicated if you are discovered with a BAC at or over the legal limit of 0.08%. This means if you are caught operating a vehicle with this concentration of alcohol in your blood, you will face a DWI per se, meaning no other evidence is necessary to charge you with the offense. You can still be charged with a DWI if your BAC is below this legal limit and the officer determines that the amount of alcohol in your body inhibits your ability to safely operate a vehicle.
While being charged with a DWI for sleeping in your car while you’re intoxicated doesn’t seem possible, it’s necessary to understand that this can and does happen. Essentially, any time you are caught operating a vehicle while under the influence, you can face a DWI charge.
Essentially, any time that you demonstrate the ability to operate a vehicle, which, in this case, includes simply starting the vehicle, you can face a DWI. This is also the case if you were to pull over on the side of the road and shut the car off before falling asleep. Because the car was moved from its original location, the police would have the ability to charge you with a DWI if the car is warm and you are intoxicated at the time of the interaction, as this shows that you moved the car while inebriated.
What Can I Do to Protect Myself if This Happens?
Generally, the most important thing you can do to protect yourself if you are enjoying a night of drinking is find a ride home, whether it be with a designated driver, family member, or rideshare service. Though it may be inconvenient to return for your car in the morning, it can save you legal trouble in the long run.
However, if you are unable to get a ride home, there are steps you may be able to take to best protect yourself from a DWI charge in New Jersey. You should not turn the car on or even fall asleep in the passenger seat with the keys in your pocket, as this can demonstrate the ability to operate the vehicle. Instead, put the keys in a location out of reach, like your glove compartment, and sleep in the back of the vehicle. This shows that you are unable to operate the vehicle.
Being charged with a criminal offense for taking precautions against driving while intoxicated can be incredibly upsetting. That is why it is imperative to connect with an experienced attorney with the Law Offices of Richard E. Novak, LLC. Our team will examine your circumstances to help you fight for the best possible outcome. Contact us today to learn how we can represent you during these difficult times.