Picture this – you’re enjoying a fun Friday night with some friends, enjoying drinks in your backyard. However, someone needs to leave, but your car is blocking them in. Even though you had a few drinks, you feel confident enough to move your car quickly. After all, you’re not going to leave your property. A police officer driving by sees you get into your vehicle after stumbling over, turn it on, and put it in reverse. They charge you with driving while intoxicated, despite never leaving your private property. If you’re wondering about the legality of this situation, you’ll want to keep reading to learn more and discover how a Bergen County DWI attorney can help you.
What Warrants a Driving While Intoxicated Charge?
In New Jersey, there are various rules and regulations surrounding drinking and driving. Any person with a Blood Alcohol Concentration of 0.08% or higher who operates a vehicle can face drunk driving charges. However, you can still face charges if you are under the legal limit but are still impaired and unable to safely drive.
If your BAC is between .10 and .14, you can face additional charges, even if it is your first offense. Similarly, if you are found with a BAC higher than .15, the penalties are much more intense. Also, anyone who is under 21 and has a BAC over 0.01 can be charged with a DWI. This is because the legal drinking age is 21, so it is illegal to consume alcohol.
Why Can Officers Arrest You for Driving on Your Own Property?
Police can arrest you on private property for driving while under the influence, as the law does not specify where a person can and cannot operate a vehicle. Instead, the law states that anyone driving a car can face a DUI, regardless of where they are.
Driving a car while under the influence can pose a risk to the health and safety of yourself and those around you, even if you are on your own property.
Do I Need an Attorney?
Regardless of whether you were intoxicated or not, ensuring you find legal representation is vital. A police officer may not have probable cause to believe you were drinking or may not have the training necessary to administer a breathalyzer device.
If you’ve found yourself facing DWI charges on your own property, ensuring you have an attorney in your corner can help keep your record clean.
The Law Office of Attorney Conway is ready to help represent you. We will examine the circumstances surrounding your arrest to assess whether or not there is a valid defense against the charges. Reach out to our office today to schedule a free consultation to discuss the details of your case.