[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/allowing-someone-else-to-drive-under-the-influence-in-nj\/#BlogPosting","mainEntityOfPage":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/allowing-someone-else-to-drive-under-the-influence-in-nj\/","headline":"Allowing Someone Else to Drive Under the Influence in NJ","name":"Allowing Someone Else to Drive Under the Influence in NJ","description":"Why You can be Charged with DUI for Letting Someone Else Drive Drunk in Ocean County, New Jersey Essentially everyone knows that\u00a0driving while intoxicated (DWI)\u00a0is illegal in New Jersey. Under State law, someone is considered intoxicated if their blood alcohol concentration is at or above 0.08 percent. While most people know that they should not […]","datePublished":"2018-03-26","dateModified":"2026-03-04","author":{"@type":"Person","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/#Person","name":"William Proetta Criminal Law","url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/author\/newjerseycriminallawfirm\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/bf046e483cfd218aa23b814afd7f502ea8e6bd244632161b6e42395a76e91a8e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"William Proetta Criminal Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/william-proetta-criminal-law-logo.png","width":250,"height":76}},"image":{"@type":"ImageObject","@id":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/Proetta-Team.png","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2022\/04\/Proetta-Team.png","width":667,"height":496},"url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/allowing-someone-else-to-drive-under-the-influence-in-nj\/","about":["DWI\/DUI"],"wordCount":654,"articleBody":"Why You can be Charged with DUI for Letting Someone Else Drive Drunk in Ocean County, New JerseyEssentially everyone knows that\u00a0driving while intoxicated (DWI)\u00a0is illegal in New Jersey. Under State law, someone is considered intoxicated if their blood alcohol concentration is at or above 0.08 percent. While most people know that they should not get behind the wheel drunk, what they often do not realize is that individuals can be charged if they let a friend or loved one drive under the influence, too. In fact, if you allow someone you know is intoxicated to drive in New Jersey, the penalties are the same as if you were driving with intoxicated yourself.If you know that a friend should not be driving, you have an\u00a0obligation under New Jersey law\u00a0to stop him or her if you are in control of the vehicle involved. In fact, you can be charged just as severely as if you were driving yourself. Drivers who are charged with driving while intoxicated (DWI) are also not permitted to enter plea bargains as part of New Jersey\u2019s zero tolerance laws. The same rules apply to those who let friends or loved ones drive drunk\u2014you cannot plead to a lesser offense in these circumstances.Proving an \u201cAllowing\u201d Charge in New JerseyLetting someone drive drunk is often referred to as an \u201callowing\u201d charge. Although the penalties for a\u00a0DUI charge\u00a0and an allowing charge are the same, what the prosecution must prove to get a conviction is very different. In fact, an allowing offense is generally harder to demonstrate than a DWI offense.The prosecution must show:The person charged owned the vehicle used or had custody and control over it;The person accused had knowledge that the drunk person was intoxicated enough that he or she was likely beyond the legal limit; andThe driver had the defendant\u2019s consent to operate the vehicle involved.Usually, the person charged with an \u201callowing\u201d offense is in the vehicle with the drunk driver at the time of the incident, but this is not always the case.Penalties for Allowing DWI OffensesThe penalties for DWI and allowing DUI offenses are essentially the same, even if you aren\u2019t the driver of the vehicle.\u00a0For a person whose BAC is between 0.08 and 0.10 and it is their\u00a0first offense, the penalties include a\u00a0fine of no less than $250 but no more than $400; imprisonment for up to 30 days; license suspension for three months; at least six hours per day for two days in an\u00a0Intoxicated Driver Resource Center; and an auto surcharge of $1,000 per year for three years.If the driver\u2019s BAC is above 0.10, then the fines increase to between $300 and $500, and the amount of potential license suspension time will increase to between seven months and one year. These penalties can increase if the incident occurred in a school zone or school crossing.\u00a0It is important to note that each subsequent offense significantly increases the penalties involved.If convicted for allowing a DWI in New Jersey, you will also be assessed surcharges for: the Drunk Driving Enforcement Fund ($100), a\u00a0restoration fee to the Motor Vehicle Commission ($100), an Intoxicated Driving Program fee ($100), a\u00a0Violent Crimes Compensation Fund fee ($50), and a\u00a0Safe and Secure Community Program fee ($75).Manchester NJ Attorneys for Permitting DWIIf you have been charged for allowing DUI in the Ocean County, New Jersey, area, you should speak with an experienced DWI defense lawyer about the validity of your specific charge. Obviously, New Jersey takes drunk driving very seriously, but the State may not have enough to prove you permitted DWI. At\u00a0William Proetta Criminal Law, our lawyers successfully combat drunk driving and allowing DWI charges in Seaside Heights,\u00a0Brick Township, Manchester, Lacey Township, Toms River, Point Pleasant, and surrounding communities NJ. Contact our team anytime at\u00a0(848) 238-2100 for a free consultation with an attorney who can help you."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Allowing Someone Else to Drive Under the Influence in NJ","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/allowing-someone-else-to-drive-under-the-influence-in-nj\/#breadcrumbitem"}]}]