Driving while intoxicated (DWI) is a serious offense under New Jersey law. A DWI conviction can result in a license suspension, prison or jail time, and significant fines. However, a New Jersey DWI arrest is not limited to only the individual driving the vehicle.
Under New Jersey law, if you permit another person to operate a vehicle while intoxicated, you may be charged with a DWI. Although the New Jersey Supreme Court has considered cases dealing with the “permitting” portion of the DWI law, it has consistently upheld the law on the basis that it is a key part of the state’s goal in preventing and punishing drunk driving.
The New Jersey DWI “Permitting” Law
In addition to defining DWI as the operating of a vehicle while under the influence of alcohol, the New Jersey DWI state statute also includes “permit[ting] another person to operate a motor vehicle” as a DWI offense.
This part of the law was specifically discussed in the New Jersey Supreme Court case State v. Hessen. The Court held that a “person who allows an intoxicated person to drive” is “as blameworthy as the drunk driver.” The Supreme Court further held that the “permitting” part of the state’s DWI statute is an “alternative evidential method” of proving the offense, not a separate offense.
Proving the “Permitting” Portion of the DWI Statute
The New Jersey DWI statute does not clarify what constitutes “permitting” an intoxicated individual to drive. Several New Jersey courts have addressed the elements that must be proven. The State v. Stas court adopted the three-part test:
1. The defendant knew or should have known the driver was intoxicated;
2. The defendant must have had actual custody or control of the vehicle; and
3. The defendant must have allowed the driver to operate the vehicle.
If you or an individual has been charged with a DWI for permitting another party to drive while under the influence of alcohol or drugs, you should immediately contact an experienced New Jersey DWI attorney.
Call Us
For more information or to schedule a free consultation with New Jersey traffic ticket attorney Dan Matrafajlo, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.
Under New Jersey law, if you permit another person to operate a vehicle while intoxicated, you may be charged with a DWI. Although the New Jersey Supreme Court has considered cases dealing with the “permitting” portion of the DWI law, it has consistently upheld the law on the basis that it is a key part of the state’s goal in preventing and punishing drunk driving.
The New Jersey DWI “Permitting” Law
In addition to defining DWI as the operating of a vehicle while under the influence of alcohol, the New Jersey DWI state statute also includes “permit[ting] another person to operate a motor vehicle” as a DWI offense.
This part of the law was specifically discussed in the New Jersey Supreme Court case State v. Hessen. The Court held that a “person who allows an intoxicated person to drive” is “as blameworthy as the drunk driver.” The Supreme Court further held that the “permitting” part of the state’s DWI statute is an “alternative evidential method” of proving the offense, not a separate offense.
Proving the “Permitting” Portion of the DWI Statute
The New Jersey DWI statute does not clarify what constitutes “permitting” an intoxicated individual to drive. Several New Jersey courts have addressed the elements that must be proven. The State v. Stas court adopted the three-part test:
1. The defendant knew or should have known the driver was intoxicated;
2. The defendant must have had actual custody or control of the vehicle; and
3. The defendant must have allowed the driver to operate the vehicle.
If you or an individual has been charged with a DWI for permitting another party to drive while under the influence of alcohol or drugs, you should immediately contact an experienced New Jersey DWI attorney.
Call Us
For more information or to schedule a free consultation with New Jersey traffic ticket attorney Dan Matrafajlo, please call the Law Offices of Dan T. Matrafajlo at (908) 248-4404.