It is true that in certain states, simply sleeping in your car while intoxicated above the legal limit will not result in a DUI arrest. This is because there must be proof that you were actually driving the vehicle to be convicted of driving under the influence.
Although this is true, most state laws define the requirements for a DUI as “operating” or “being in actual physical control” while intoxicated above the legal limit. This means that actually driving the vehicle will get you a DUI just as certainly as falling asleep behind the wheel while drunk.
Differences by State
State laws on what constitutes a DUI can vary slightly but those small differences can determine whether or not a person will face a DUI conviction. Although these variations can make a big difference in a case legally speaking, the goal of these laws is always to prevent drunk driving and the injury or death of others.
It is common in a DUI case that a jury must analyze the facts and circumstances in order to understand and decide whether or not the defendant had been operating the vehicle or otherwise had actual physical control of the vehicle at any point while intoxicated. Many times the circumstances of the arrest can give clues as to whether or not the defendant is guilty in the sense that the closer the offender is to actually driving the car, the more likely they are to be convicted of a DUI.
Contact a New Jersey DUI Attorney Today
Understanding what constitutes a DUI in your state when charged is critically important in regards to a conviction and requires detailed knowledge of specific state variations. It may be in your best interest to contact a knowledgeable New Jersey attorney who has years of experience dealing with DUI cases and will fight for the best possible outcome. Contact John W. Tumelty today so that we may begin your case and help get you the best results possible.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.