[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/can-you-get-a-dwi-while-sleeping-in-your-car\/#BlogPosting","mainEntityOfPage":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/can-you-get-a-dwi-while-sleeping-in-your-car\/","headline":"DWI While Sleeping in Your Car","name":"DWI While Sleeping in Your Car","description":"Have you ever taken a quick nap in your car after a night out? It seems like a safer alternative to driving home after a few drinks. But here\u2019s something you might not know: New Jersey courts have said prosecutors can charge you with DWI if the police find you sleeping in your car while […]","datePublished":"2023-11-16","dateModified":"2024-03-28","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\/2023\/11\/shutterstock_288093065.jpg","url":"https:\/\/www.newjerseycriminallawfirm.com\/wp-content\/uploads\/2023\/11\/shutterstock_288093065.jpg","height":667,"width":1000},"url":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/can-you-get-a-dwi-while-sleeping-in-your-car\/","about":["DWI\/DUI"],"wordCount":570,"articleBody":"Have you ever taken a quick nap in your car after a night out? It seems like a safer alternative to driving home after a few drinks. But here\u2019s something you might not know: New Jersey courts have said prosecutors can charge you with DWI if the police find you sleeping in your car while it\u2019s running. It might not seem fair, but it\u2019s the law, and it\u2019s crucial to understand how these cases work. How Can You Get a DWI Charge While Asleep?New Jersey law defines drunk driving as operating a vehicle while under the influence of alcohol or other intoxicating substances. If the police catch you driving with a blood alcohol content (BAC) of 0.08 percent or higher, the law assumes you are too intoxicated to operate a vehicle safely.\u00a0However, it\u2019s essential to remember that you can still face DWI charges even if your BAC is below the legal limit. For example, if the police see you weaving through traffic and smell alcohol on your breath after pulling you over, that might be enough evidence to justify a DWI charge, even without a BAC of 0.08 percent or higher.How do these laws apply when you\u2019re asleep in your car after a night out? According to recent court decisions, being found intoxicated in a running vehicle can be valid grounds for an arrest, even if you were asleep when the police found you.What Counts as Operating a Vehicle in New Jersey?The text of New Jersey\u2019s drunk driving laws does not explicitly define what it means to \u201coperate\u201d a vehicle. However, we all intuitively know what it means to operate a vehicle, and simply being asleep in your car doesn\u2019t count, right?Wrong. In State of New Jersey v. Thompson, an appellate court ruled that being asleep behind the wheel can constitute operating or intending to operate a vehicle if the vehicle was running but not moving. They explained that operating or intending to operate a vehicle also covers an intoxicated person who moved or tried to move a vehicle when the engine wasn\u2019t running.\u00a0The ruling might seem unfair, but it\u2019s the law. Knowing more about how the police and courts define operating a vehicle can help with your defense.Potential Defenses for DWI Charges While Sleeping in Your CarBecause the legal definition of operating a vehicle in New Jersey is so broad, you must tailor your defense strategy to account for it. Some possible defenses in these cases include:Arguing that you had no intent to operate the vehicle while intoxicatedUsing evidence from the scene to show the vehicle was not running or ready to be immediately drivenArguing that you were not in a position to control the vehicle\u2019s operation (for example, if the police found you in the back seat instead of in the driver\u2019s seat)Challenging the field sobriety test, chemical blood test, or other evidence used to justify the arrestChallenging the legality of the police search or stop that led to the arrestGet Legal Help from Our NJ DWI AttorneysIf the police accuse you of drunk driving after finding you asleep in your car, William Proetta Criminal Law can protect your rights and help you prepare a rigorous defense. Call us today or complete our contact form for a free and confidential case review."},{"@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":"DWI While Sleeping in Your Car","item":"https:\/\/www.newjerseycriminallawfirm.com\/blog\/can-you-get-a-dwi-while-sleeping-in-your-car\/#breadcrumbitem"}]}]