New Jersey’s Driving While Intoxicated statute imposes penalties on a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug…¹ Previously I blogged about the the meaning of the elements motor vehicle and operation. Many examples fall within the definition of motor vehicle. Additionally, many circumstances fall within the broad definition of operation. Similar to operation, the New Jersey legislature did not define under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug in the Motor Code. Instead, the judiciary has developed the definition through case law. This post will take up the meaning of these elements. Read more

Previously I blogged about motor vehicle operation under the New Jersey drunk driving statute. Understandably, people generally assume drunk driving requires proof that the defendant drove. Despite its title, however, the DWI statute does not prohibit driving. Instead, it prohibits motor vehicle operation, which is significantly broader than driving. Indeed, the broad interpretation and application of operation by New Jersey courts complements the State’s legislative policy prohibiting this conduct by intoxicated people.¹ But it also yields results that must seem absurd, or at the very least unreasonable, to the ordinary person. While any defense should analyze the issue of operation, a person facing charges in New Jersey for DUI will almost certainly need a defense that negates or undercuts other aspects of the State’s case, too. A review of the operation cases illustrates why this is so. Read more

Introduction

This post will refer to New Jersey’s drunk driving law as driving under the influence (DUI), driving while intoxicated (DWI), and—without intending to be redundant—drunk driving. But forget the word “driving” because the statute defining the offense does not use that word. And forget about placing the motor vehicle in “drive” as a prerequisite for this offense. Instead, the statute sets forth penalties for a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more by weight of alcohol in the defendant’s blood. Read more

In New Jersey, if you aren’t operating a motor vehicle, you aren’t driving drunk!

Hope springs eternal. And this hopeful thought probably crosses the mind around 2 a.m. when one needs to get home from the bar. Nevertheless, as this post will demonstrate it is not entirely accurate. Indeed, New Jersey’s drunk driving statute imposes penalties on a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the the person‘s blood.¹ Read more