Can I be charged with DWI in New Jersey if I have not been drinking?

In New Jersey, there is no difference between a DWI and DUI, so the two terms can be used interchangeably. Prosecution and sentencing for driving under the influence of drugs or alcohol both fall under the same set of statutes.  DWI, or driving while intoxicated, applies to more than drunk driving in New Jersey. The current law applies to the operation of a motor vehicle by anyone who is under the influence. Besides liquor, this includes narcotics, hallucinogens, and other habit-producing drugs. Therefore, a DWI charge can be brought against a person who has not consumed alcohol.

What if I am sober?

A person can also be charged with a violation of the New Jersey DWI statute even if they are sober. How? Charges can be brought for allowing somebody else who is under the influence to operate your car. This includes any motor vehicle owned by you or in your custody or control. Again, this law applies to alcohol as well as narcotics, hallucinogens, or other habit-producing drugs. In other words, if you allow an intoxicated person to operate your car, you can be charged with DWI.

DWI is a serious violation of New Jersey law. It is so significant that New Jersey Municipal Prosecutors are prohibited from granting plea agreements to defendants charged with DWI.

The penalties, if convicted of DWI, are severe. They range from a loss of one’s driving privileges that could last for years to, under certain circumstances, mandatory imprisonment.

But a person charged with driving while intoxicated does not automatically get convicted. There are many fact-sensitive aspects of DWI cases that can result in either a dismissal or acquittal of the charges. The attorney a person selects to represent them when they appear in court can be crucial regarding the outcome of their case.

So, please call me if you have been charged with driving under the influence. Or, if you have other criminal law questions.