Driving Under the Influence (DUI), N.J.S.A. 39:4-50

Narrative—Princeton cops charged a man with drunk driving (DWI/DUI) when he crashed with a motorist, per nj dot com. Both drivers sought health care for non life-threatening injuries, as stated in the news. No one else was in either vehicle, per the media.

Driving While Intoxicated (DWI) and
Driving Under the Influence (DUI)

New Jersey law gives the State two legs to stand on in a DWI case. First, a “per se” violation of the drunk driving law turns on the Alcotest. In addition to the Alcohol Influence Report (AIR), the government must supply “foundational documents” for the Alcotest device. Indeed, the law bars the State from using the AIR in court without these proofs. And the second leg, “operating under the influence of intoxicating liquor” turns on officer observations during Standardized Field Sobriety Tests (SFSTs).* Accordingly, New Jersey law doles out penalties based on N.J.S.A. 39:4-50 for any person who:

  1. operates a motor vehicle while under the influence of
    • intoxicating liquor,
    • narcotic,
    • hallucinogenic or
    • habit-producing drug; or
  2. operates a motor vehicle with blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood.

In addition, New Jersey’s DUI law says one who owns, has custody, or has control of a vehicle must not let a person operate the motor vehicle:

  1. while the other person is under the influence of
    • intoxicating liquor,
    • narcotic,
    • hallucinogenic or
    • habit-producing drug; or
  2. with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood.

* For substances other than liquor, the State must have an expert witness to prove their case.

New Jersey Drunk Driving Lawyer Michael Smolensky, Esquire, knows how to protect his clients. A charged of Driving Under the Influence calls for an aggressive defense. Mr. Smolensky can provide consultations for all cases involving DWI/DUI. Call Now—(856) 812-0321.