| H. Scott Aalsberg, Esq., P.C. NJ DWI and Criminal Defense Lawyers 1028 Route #23 North, Wayne, N.J. 07470 G-10 Brier Hill Court, East Brunswick, N.J. 08816 1-800-9-RIGHTS or (732) 257-5040 |
| CHARGED WITH A DWI or DUI IN NJ? YOU FACE JAIL AND THE MANDATORY LOSS OF YOUR LICENSE . . . WE CAN HELP |
Fine: $250 to $400.00
Surcharge: $1000/yr for 3
years
Detainment: 12 to 48 hours
at Intoxicated Driver
Resource Center (IDRC).
Ignition Interlock:
3 months
Loss of License:
90 days or until ignition
interlock installed
Jail: Up to 30 days
Surcharge: $1000/yr for 3
years
Detainment: 12 to 48 hours
at Intoxicated Driver
Resource Center (IDRC).
Ignition Interlock:
3 months
Loss of License:
90 days or until ignition
interlock installed
Jail: Up to 30 days
| Additional Important NJ DUI and DWI Facts: In the State of New Jersey the following offenses are not considered different: DWI (Driving While Intoxicated) DUI, (Driving While Under the Influence Driving While Impaired Refusal to Take Breath Test Example: You had a prior Driving While Intoxicated conviction downgraded in another state to Driving While Impaired. Your conviction downgrade would not be upheld by the New Jersey courts and you would be sentenced as if the downgrade never happened. Thus, if you received another DWI in N.J. you would be sentenced in New Jersey as if you received a conviction for the original DWI charge and you would be sentenced as a second time offender. The State of New Jersey does not recognize any other states downgrade of a DWI / DUI Charge In The State of New Jersey The penalties for refusal to submit to any alcohol, blood or urine test can be the same or more than you would have gotten should you have been convicted of the actual DWI or DUI Charge In the State of New Jersey A DWI or DUI may be proven by 4 methods: Breath Test Blood Test Urine Test Roadside Physical Tests The five most common roadside physical tests used to prove a DWI or DUI in NJ Gaze Nystagmus (following pen or finger) Walk and Turn One legged stand Recite the alphabet test Touch Thumb to Digits Most DWI Arrests in NJ are not criminal offenses and are considered traffic offenses with jail terms possible (1st offense) and mandatory (2nd and 3rd+ Offenses) However, many countries including Canada don't recognize this fact and consider it the same as a felony criminal offense for denial of entry purposes. Thus, you may be barred from entering that foreign country for life that you always dreamed to see even just for a short vacation or cruise. If you are an immigrant a DWI in NJ can mean the revocation of your status or even deportation or removal. |
| Consultation 1-800-974-4487 |
H. Scott Aalsberg, Esq., P.C. Main office address: G-10 Brier HIll Court, East Brunswick, N.J. 08816, Satellite Office: 1028 Route #23 North Wayne, NJ. Please
consult the New Jersey Code of Criminal Justice and Motor Vehicle Laws for complete details on all fines and penalties relating to your NJ DUI or DWI. The
penalties listed in this notice are for informational purposes only do not rely on said information without speaking with a lawyer as serious errors may exist on this
website or the information may be out of date. Past performance of our New Jersey DWI Lawyers is not indicative of future performance and each case is fact
sensitive, thus, the need for the in office consultation for our New Jersey DWI Attorneys to evaluate your case. Some penalties may not apply to out of state
residents, please consult an attorney in your state of residence. If a person has a professional license in NJ there may be a separate additional action relating to
that individual's ability to practice their profession. Different Penalties may apply to prior DWI and DUI convictions over 10 years old. All NJ DWI / DUI penalties
listed are accurate as of date and time of publication and are subject to change at any time without notice as NJ DWI law, NJ DWI penalties and NJ DWI defenses
are constantly changing.
consult the New Jersey Code of Criminal Justice and Motor Vehicle Laws for complete details on all fines and penalties relating to your NJ DUI or DWI. The
penalties listed in this notice are for informational purposes only do not rely on said information without speaking with a lawyer as serious errors may exist on this
website or the information may be out of date. Past performance of our New Jersey DWI Lawyers is not indicative of future performance and each case is fact
sensitive, thus, the need for the in office consultation for our New Jersey DWI Attorneys to evaluate your case. Some penalties may not apply to out of state
residents, please consult an attorney in your state of residence. If a person has a professional license in NJ there may be a separate additional action relating to
that individual's ability to practice their profession. Different Penalties may apply to prior DWI and DUI convictions over 10 years old. All NJ DWI / DUI penalties
listed are accurate as of date and time of publication and are subject to change at any time without notice as NJ DWI law, NJ DWI penalties and NJ DWI defenses
are constantly changing.
| Helping Clients Get Not Guilty Verdicts For Over 25 Years |
 |
 |
| NJ DWI and DUI Penalties: |
Don't Give Up: For Over 25 years we have gotten Not Guilty Verdicts for our NJ DUI and DWI clients. Obviously not every case can be won,
but if we haven't won it, we have reduced it. This includes reducing the license suspension, jail time and time spent at an IRDC Center that you
face with a DWI or DUI in New Jersey. We Can Help No matter how bad your DWI or DUI case may sound. Our head Attorney H. Scott
Aalsberg has been ranked one of the Top Ten Criminal Defense Lawyers by the National Academy of Criminal Defense Lawyers, and Chosen
by the National Trial Lawyers Association to be one of the Top 100 Trial Lawyers 7 years in a row. If you need to win your DWI then, put
Attorney H. Scott Aalsberg's proven success record to work for you. In nearly every DWI or DUI case he has defended in NJ he has reduced
or eliminated both the amount of license suspension and or jail time his clients originally faced. The sooner you call the more we can do to
help. Many DWI and DUI defenses have time limitations so call now to get the best DWI Defense, you deserve it!
but if we haven't won it, we have reduced it. This includes reducing the license suspension, jail time and time spent at an IRDC Center that you
face with a DWI or DUI in New Jersey. We Can Help No matter how bad your DWI or DUI case may sound. Our head Attorney H. Scott
Aalsberg has been ranked one of the Top Ten Criminal Defense Lawyers by the National Academy of Criminal Defense Lawyers, and Chosen
by the National Trial Lawyers Association to be one of the Top 100 Trial Lawyers 7 years in a row. If you need to win your DWI then, put
Attorney H. Scott Aalsberg's proven success record to work for you. In nearly every DWI or DUI case he has defended in NJ he has reduced
or eliminated both the amount of license suspension and or jail time his clients originally faced. The sooner you call the more we can do to
help. Many DWI and DUI defenses have time limitations so call now to get the best DWI Defense, you deserve it!
| When Only Winning Counts! Call 1-800-9-RIGHTS Free In Office Consultation |
| Protect Your Rights www.GetNotGuilty.com |
25+ Years of Helping NJ DWI Clients Get Not Guilty Verdicts
Get Not Guilty NJ DWI Defense Lawyers
www.GetNotGuilty.com
1-800-974-4487 Serving All of NJ
www.GetNotGuilty.com
1-800-974-4487 Serving All of NJ
| Click Below to Learn More |
2nd Offense DWI / DUI Penalties
3rd Offense DWI / DUI Penalties
Fine: $500 to $1,000.00
Surcharge: $1000/yr for 3 years
Detainment: 48 hours at Intoxicated Driver
Resource Center (IDRC)
Ignition Interlock Device: during
revocation and 2 to 4 years after driving
privileges are restored
Loss of License: 1 to 2 Years
Loss of Registration Privileges: 2 Years
Community Service: 30 Days
Jail: Minimum 2 up to 90 days
Penalties noted above for a 2nd offense DWI or DUI
are the same for being under the influence of Drugs
or Alcohol
Surcharge: $1000/yr for 3 years
Detainment: 48 hours at Intoxicated Driver
Resource Center (IDRC)
Ignition Interlock Device: during
revocation and 2 to 4 years after driving
privileges are restored
Loss of License: 1 to 2 Years
Loss of Registration Privileges: 2 Years
Community Service: 30 Days
Jail: Minimum 2 up to 90 days
Penalties noted above for a 2nd offense DWI or DUI
are the same for being under the influence of Drugs
or Alcohol
Fine: $1,000.00
Surcharge: $1000/yr for 3 years
Ignition Interlock Device: during
revocation and 2 to 4 years after driving
privileges are restored.
Loss of License: 8 years
Loss of Registration Privileges: 8 years
Jail: Mandatory 180 Days of which up to
90 days may be spent at an approved drug
or alcohol inpatient rehabilitation program
Penalties noted above for a 3rd offense DWI or DUI
are the same for being under the influence of Drugs
or Alcohol
Surcharge: $1000/yr for 3 years
Ignition Interlock Device: during
revocation and 2 to 4 years after driving
privileges are restored.
Loss of License: 8 years
Loss of Registration Privileges: 8 years
Jail: Mandatory 180 Days of which up to
90 days may be spent at an approved drug
or alcohol inpatient rehabilitation program
Penalties noted above for a 3rd offense DWI or DUI
are the same for being under the influence of Drugs
or Alcohol
 |  |  |  |  |  |  |
Copyright 2021 New Jersey DWI and DUI Lawyer H. Scott Aalsberg
Top New Jersey Towns with the highest number of DWI and DUI arrests defended by the GetNotGuilty.com team of lawyers: East Brunswick NJ Wayne NJ, Newark NJ, Milltown NJ, Spotswood NJ,
Woodbridge NJ, Lawrence NJ, Edison NJ, Linden NJ, Bridgewater NJ, Cherry Hill NJ, Sayreville NJ, Atlantic City NJ, Jersey City NJ, Paramus NJ, Short Hills NJ, North Brunswick NJ, South Brunswick NJ,
Clifton NJ, Clark NJ, Elizabeth, Wayne New Jersey, Secaucus NJ, Deptford NJ, Eatontown NJ, Weehawken NJ, Freehold NJ, Princeton NJ, Tinton Falls NJ, South River NJ, Ocean Township NJ, Spotswood NJ,
Edgewater NJ, Highland Park NJ, Edison NJ, Cinnaminson NJ, Bass River NJ, Plainsboro NJ, Atlantic City NJ, Woodbridge NJ, Union NJ, and Piscataway New Jersey
Woodbridge NJ, Lawrence NJ, Edison NJ, Linden NJ, Bridgewater NJ, Cherry Hill NJ, Sayreville NJ, Atlantic City NJ, Jersey City NJ, Paramus NJ, Short Hills NJ, North Brunswick NJ, South Brunswick NJ,
Clifton NJ, Clark NJ, Elizabeth, Wayne New Jersey, Secaucus NJ, Deptford NJ, Eatontown NJ, Weehawken NJ, Freehold NJ, Princeton NJ, Tinton Falls NJ, South River NJ, Ocean Township NJ, Spotswood NJ,
Edgewater NJ, Highland Park NJ, Edison NJ, Cinnaminson NJ, Bass River NJ, Plainsboro NJ, Atlantic City NJ, Woodbridge NJ, Union NJ, and Piscataway New Jersey
Get Not Guilty.com
When Only The Best DWI Defense Will Do!
| NJ DWI Lawyer H. Scott Aalsberg, Esq., has been selected a member of: |
Call 1-800-9-RIGHTS 24/7
The NJ DWI and The Blood
or Urine Test:
or Urine Test:
In New Jersey the alcotest
machine is the primary test used to
prove intoxication for a DWI / DUI
in New Jersey. This machine
although not without its glitches is
considered scientifically reliable
and without evidence to the
contrary will result in a DWI
conviction. Attorney H. Scott
Aalsberg knows the alcotest and
knows these glitches and the
defenses to use. Attorney H. Scott
Aalsberg even taught these
defenses to other NJ Lawyers. Put
the best chance of success on
your side and put Attorney H. Scott
Aalsberg, Esq., to work for you!
machine is the primary test used to
prove intoxication for a DWI / DUI
in New Jersey. This machine
although not without its glitches is
considered scientifically reliable
and without evidence to the
contrary will result in a DWI
conviction. Attorney H. Scott
Aalsberg knows the alcotest and
knows these glitches and the
defenses to use. Attorney H. Scott
Aalsberg even taught these
defenses to other NJ Lawyers. Put
the best chance of success on
your side and put Attorney H. Scott
Aalsberg, Esq., to work for you!
The NJ DWI and
The Physical Tests:
The Physical Tests:
In New Jersey before we had
machines that could test for the
amount of alcohol in the body we
had physical tests. If the machine
that tested is proven to be broken
by you DWI Lawyer, your DWI Lawyer
must know also how to defeat the
physical tests given when you were
at the roadside. Although
appearing easy these tests require
both proper motor function and
cognitive function. DWI Lawyer H.
Scott Aalsberg has defeated these
tests in numerous trials. Put the
best chance of success on your
side and put Attorney H. Scott
Aalsberg, Esq., to work for you.
machines that could test for the
amount of alcohol in the body we
had physical tests. If the machine
that tested is proven to be broken
by you DWI Lawyer, your DWI Lawyer
must know also how to defeat the
physical tests given when you were
at the roadside. Although
appearing easy these tests require
both proper motor function and
cognitive function. DWI Lawyer H.
Scott Aalsberg has defeated these
tests in numerous trials. Put the
best chance of success on your
side and put Attorney H. Scott
Aalsberg, Esq., to work for you.
H. Scott Aalsbeg, Esq., P.C.
The NJ DWI Defense Lawyer
G-10 Brier Hill Court, East Brunswick, NJ 08816
1028 Route #23 North, Wayne, NJ 08831
1-800-974-4487
The NJ DWI Defense Lawyer
G-10 Brier Hill Court, East Brunswick, NJ 08816
1028 Route #23 North, Wayne, NJ 08831
1-800-974-4487
| Free |
Both Driving While Intoxicated (DWI) and Driving While Under the Influence (DUI) are classified in New Jersey as a motor
vehicle offense unless a party is injured in an accident, in which case it can then be charged as a criminal offense. Once
convicted in New Jersey you cannot expunge the record of a DWI or DUI off your license, regardless of how much time has
passed. Therefore, to keep your low insurance rates and your driving record clean an expert defense is needed. In many
cases our defense costs less than just your first years insurance premium increase should you be convicted. Each DWI/DUI
is based on different facts and circumstances. If any attorney quotes you a fee before asking about your case you know that
you went to the wrong lawyer as you will not be getting a defense tailored to your case. At the Law Office of Attorney H.
Scott Aalsberg we are committed to helping you win your case. It is against the law for an attorney to guarantee a result,
however, by choosing the best DWI / DUI attorney you put the best chance of winning on your side. Call today and set up
your free in office consultation. The more time we have to work on your case the better the chance of achieving the winning
DWI result you need.
vehicle offense unless a party is injured in an accident, in which case it can then be charged as a criminal offense. Once
convicted in New Jersey you cannot expunge the record of a DWI or DUI off your license, regardless of how much time has
passed. Therefore, to keep your low insurance rates and your driving record clean an expert defense is needed. In many
cases our defense costs less than just your first years insurance premium increase should you be convicted. Each DWI/DUI
is based on different facts and circumstances. If any attorney quotes you a fee before asking about your case you know that
you went to the wrong lawyer as you will not be getting a defense tailored to your case. At the Law Office of Attorney H.
Scott Aalsberg we are committed to helping you win your case. It is against the law for an attorney to guarantee a result,
however, by choosing the best DWI / DUI attorney you put the best chance of winning on your side. Call today and set up
your free in office consultation. The more time we have to work on your case the better the chance of achieving the winning
DWI result you need.
In State vs. Bhavuk Uppal: The NJ Appellate Court ruled
that: Where an ambulance drives the defendant to the
hospital and not the cops, a blood test taken as a
routine medical procedure and not at the request of the
police can be used against the defendant to prove
intoxication by drugs or alcohol. In this case a warrant
was issued after the draw and a 2nd draw was taken.
However the court still allowed into evidence the
original draw of blood without the warrant on the basis
that the blood and urine samples taken before issuance
of the search warrant were drawn as part of
defendant's medical care for injuries he suffered in the
crash.
This case shows the courts will bend over backwards to
rule against a defendant, thus the reasons you need
the best lawyer if you want a chance to Win!
that: Where an ambulance drives the defendant to the
hospital and not the cops, a blood test taken as a
routine medical procedure and not at the request of the
police can be used against the defendant to prove
intoxication by drugs or alcohol. In this case a warrant
was issued after the draw and a 2nd draw was taken.
However the court still allowed into evidence the
original draw of blood without the warrant on the basis
that the blood and urine samples taken before issuance
of the search warrant were drawn as part of
defendant's medical care for injuries he suffered in the
crash.
This case shows the courts will bend over backwards to
rule against a defendant, thus the reasons you need
the best lawyer if you want a chance to Win!
| Recent DWI Ruling: |
The NJ DWI and
The Breath Test:
The Breath Test:
The blood/urine test is the least used
test to prove a DWI due to the tests
expense. Due to the high cost, a drug
or urine test is generally only used in
accident cases or when drugs rather
than alcohol intoxication is suspected.
Normally the blood draw or urine
sample will occur at a hospital or other
emergency facility by a doctor or
nurse. These tests are the most
accurate tests for blood alcohol
concentration. If the driver does not
or cannot consent to the test, a search
warrant must be issued by a judge
showing the reason for the test, with
the most used reason being: exigent
circumstances. Generally a police
officer can establish the probable
cause, the exigent circumstances and
the overall reasonableness of the
police conduct warranting the need for
the test. The best way to attack a DWI
in NJ with a blood or urine test is by
attacking: 1) the procedures used to
draw the blood or urine, and 2) the
chain of custody of the kit used and
sample tested. A DWI with a blood or
urine test is considered the hardest
DWI test to beat by most DWI lawyers.
test to prove a DWI due to the tests
expense. Due to the high cost, a drug
or urine test is generally only used in
accident cases or when drugs rather
than alcohol intoxication is suspected.
Normally the blood draw or urine
sample will occur at a hospital or other
emergency facility by a doctor or
nurse. These tests are the most
accurate tests for blood alcohol
concentration. If the driver does not
or cannot consent to the test, a search
warrant must be issued by a judge
showing the reason for the test, with
the most used reason being: exigent
circumstances. Generally a police
officer can establish the probable
cause, the exigent circumstances and
the overall reasonableness of the
police conduct warranting the need for
the test. The best way to attack a DWI
in NJ with a blood or urine test is by
attacking: 1) the procedures used to
draw the blood or urine, and 2) the
chain of custody of the kit used and
sample tested. A DWI with a blood or
urine test is considered the hardest
DWI test to beat by most DWI lawyers.
| H. Scott Aalsberg, Esq. is ranked One of the Top Ten Lawyers byThe National Academy of Criminal Defense Attorneys every year since 2014. When you Hire the Best DWI Lawyer you put the Best Chance of Winning on your Side |
| No Aspect of this Attorney Advertisement Website or the Awards/Accolades mentioned herein have been approved by the Supreme Court of NJ Click here for a link on the methodology of each award. |
| Recent DWI Case |
In a recent NJ Supreme Court Case
the court eased the rules for when a
police officer may take a blood
sample without a warrant for a DWI
charge. In State vs. Shayna
Zalcberg. Prior to this case the court
had mandated that a warrant was
required for any draw of blood. The
court reasoned since the Police
Officers in question were new on the
force and had never been taught the
procedure on how to obtain a search
warrant and the fact that the alcohol
would naturally disspate the court
held the taking of the blood sample
was constitutional under exigency
circumstances. Therefore, as you
can see from this case even the NJ
Courts court will bend over
backwards to sustain a DWI
conviction and use the excuse that
the police were not trained yet as an
excuse to sustain a conviction.
the court eased the rules for when a
police officer may take a blood
sample without a warrant for a DWI
charge. In State vs. Shayna
Zalcberg. Prior to this case the court
had mandated that a warrant was
required for any draw of blood. The
court reasoned since the Police
Officers in question were new on the
force and had never been taught the
procedure on how to obtain a search
warrant and the fact that the alcohol
would naturally disspate the court
held the taking of the blood sample
was constitutional under exigency
circumstances. Therefore, as you
can see from this case even the NJ
Courts court will bend over
backwards to sustain a DWI
conviction and use the excuse that
the police were not trained yet as an
excuse to sustain a conviction.
Important DWI Ruling:
In State vs. Gindhart The court ruled that there was
no good public policy reason for requiring
videotaping of Alcotests and thus not required. In
this case, the court found sufficient evidence to
conclude that defendant's Alcotest was properly
administered based on the word of the officer
giving the test. The court also ruled that
defendant's expert testimony supporting his claim
that his GERD interfered with his Alcotest sample
was not scientifically reliable to be used a defense
to his conviction.
no good public policy reason for requiring
videotaping of Alcotests and thus not required. In
this case, the court found sufficient evidence to
conclude that defendant's Alcotest was properly
administered based on the word of the officer
giving the test. The court also ruled that
defendant's expert testimony supporting his claim
that his GERD interfered with his Alcotest sample
was not scientifically reliable to be used a defense
to his conviction.
| BAC .08 to .99 |
| BAC .10 to .149 or DUI |
| BAC .150+ |
Fine: $250 to $400.00
Surcharge: $1000/yr for 3
years
Detainment: 12 to 48 hours at
Intoxicated Driver Resource
Center (IDRC).
Ignition Interlock:
7 months to 12 months
Loss of License:
90 days or until ignition
interlock is installed
Jail: Up to 30 days
Surcharge: $1000/yr for 3
years
Detainment: 12 to 48 hours at
Intoxicated Driver Resource
Center (IDRC).
Ignition Interlock:
7 months to 12 months
Loss of License:
90 days or until ignition
interlock is installed
Jail: Up to 30 days
Fine: $250 to $400.00
Surcharge: $1000/yr for 3
years
Detainment: 12 to 48 hours at
Intoxicated Driver Resource
Center (IDRC).
Ignition Interlock:
9 to 15 months
Loss of License:
4 to 6 months suspension
suspended time is not
counted for suspension until
ignition interlock is installed
Jail: Up to 30 days
Surcharge: $1000/yr for 3
years
Detainment: 12 to 48 hours at
Intoxicated Driver Resource
Center (IDRC).
Ignition Interlock:
9 to 15 months
Loss of License:
4 to 6 months suspension
suspended time is not
counted for suspension until
ignition interlock is installed
Jail: Up to 30 days
| 1st Offense School Zone DWI / DUI Penalties |
| 2nd Offense School Zone DWI / DUI Penalties |
| 3rd Offense School DWI / DUI Penalties |
| NJ DWI and DUI Penalties within 1000 Feet of a School or School Crossing: This law has been temporarily suspended until 12/1/2024. Anyone charged under this law from 12/1/2019 to 11/30/2024 has a defense. |
Fine: $500.00 to $800.00
Loss of License: 1 to 2 Years
Jail: up to 60 days
Loss of License: 1 to 2 Years
Jail: up to 60 days
Fine: $1000.00 to $2000.00
Loss of License: 4 Years
Community Service: 60 Days
Jail: Minimum 4 days up to 180 days
Loss of License: 4 Years
Community Service: 60 Days
Jail: Minimum 4 days up to 180 days
Fine: $2000.00
Loss of License: 20 Years
Loss of Registration Privileges: 2 Years
Jail: 180 days
Loss of License: 20 Years
Loss of Registration Privileges: 2 Years
Jail: 180 days
| Note: Pursuant to NJ Law It is not a defense that the driver was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor is it relevant to the imposition of sentence that no juveniles were present at the time of the offense or that the school was not in session or it was after school hours. Under New Jersey Law you may be charged with both a DWI and a DWI in a school zone. All Penalties for both DWI or DUI are the same for school zones. |
| 1st Offense DWI / DUI Penalties 39:4-50 |
First Offense Penalties are Dependent on BAC Level:
39:4-50A NJ DUI Penalties 1st Offense for being under influence of
drugs either prescribed or illegal:
Surcharges $1000.00/yr for 3 years, Detainment at IRDC for 12 to 48 hours,
Mandatory loss of license for 7 to 12 months and up to 30 days in Jail
drugs either prescribed or illegal:
Surcharges $1000.00/yr for 3 years, Detainment at IRDC for 12 to 48 hours,
Mandatory loss of license for 7 to 12 months and up to 30 days in Jail
| NJ DWI Refusal Penalties 39:4-50.4A: |
Fine: $300 to $500.00
Loss of License: until ignition interlock installed
Ignition Interlock: 9 to 15 months
IRDC/Jail: 12 to 48 hours
Loss of License: until ignition interlock installed
Ignition Interlock: 9 to 15 months
IRDC/Jail: 12 to 48 hours
NJ has ruled since the 1980's that you don't need to be driving to be convicted for driving while
intoxicated or driving under the influence. Driving is defined as the ability to operate the
vehicle not actually operating the vehicle. A recent case in 2021 State vs. Lindsey: found that
where a driver was found outside of his car admitted to going to the bathroom and the troopers
testified that he was walking back to his car the defendant was convicted. The court noted that
while the troopers did not observe defendant operating the vehicle or even in the car, the
defendant clearly had the intent to reenter and operate the vehicle when the troopers
happened upon him. Thus you don't even need to be in your car to get a DWI, they only need to
prove intent that you intended to operate it.
intoxicated or driving under the influence. Driving is defined as the ability to operate the
vehicle not actually operating the vehicle. A recent case in 2021 State vs. Lindsey: found that
where a driver was found outside of his car admitted to going to the bathroom and the troopers
testified that he was walking back to his car the defendant was convicted. The court noted that
while the troopers did not observe defendant operating the vehicle or even in the car, the
defendant clearly had the intent to reenter and operate the vehicle when the troopers
happened upon him. Thus you don't even need to be in your car to get a DWI, they only need to
prove intent that you intended to operate it.
