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Letting Someone Drive Your Car Drunk

Posted by Carmine R. Villani | Aug 13, 2014 | 0 Comments

Allowing Another to Drive Your Car Drunk

Not too long ago, we featured a blog on the topic of allowing a friend or family member to operate your car while their driver's license is suspended. As you might expect, the penalties for letting someone drive your car drunk come at an even higher cost.

New Jersey's DWI laws are some of the strictest in the nation. They hold you liable for any consequences that arise from letting someone drive your car drunk or under the influence of drugs.

The NJ driving while intoxicated statute states in part that anyone who permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more, shall be subject to the penalties outlined in the same statute.

If you allow someone to drive your car drunk, you are knowingly putting a drunk driver on the road, putting society at the same risk as if you were driving drunk yourself. Therefore, you can be convicted of a DWI even if you were not the actual driver of your vehicle.

For example, if you were at a bar and had too much to drink, you may ask a friend to drive you home. This is normally a good idea, except when that friend has also been drinking. If you are pulled over and your friend is found to have a BAC of 0.08% or more, you may be charged with a DWI since you knowingly allowed him to operate your car after consuming alcohol.

It is always in your best interest not to let anyone drive your car if they have recently consumed alcoholic beverages.

Consequences for Letting Someone Drive Your Car Drunk

If you are convicted of a DWI as a result of letting someone drive your car drunk, you face all the same penalties as a standard DWI conviction.

Even for a first-time offense, you will have your license suspended for a period of 3 months to one year and face a possible jail sentence of up to 30 days. You will also have to pay thousands of dollars in fines, participate in an Intoxicated Driver Resource Center (IDRC) program, and have an ignition interlock device installed in your car if the other person's BAC was 0.15% or greater.

If you have a previous DWI conviction, this would count as a subsequent conviction. A second DWI conviction within 10 years of the first will result in an automatic two-year license suspension, up to 30 days of community service, and 48 hours to 90 days in jail. If you are required to have an ignition interlock device installed, it must remain in place throughout your entire suspension period, plus up to three years following the restoration of your license.

A third offense DWI carries extremely harsh penalties, including a mandatory license suspension of 10 years, 90 days of community service, and up to 180 days in jail.

In addition to these penalties, DWI convictions result in a high number of insurance eligibility points. Although these differ from the points added to your license, they label you as a high-risk driver for insurance purposes, which can double or triple your insurance rate on average.

Charged with DWI After Letting Someone Drive Your Car Drunk?

If you have been charged with a DWI for letting someone drive your car drunk, you must speak to an experienced DWI lawyer right away.

Partner Carmine R. Villani, Esq. of Villani & DeLuca has over two decades of experience in both the prosecution and defense of DWI cases. He can provide the effective legal representation you need to fight your charges and protect your future.

Call (732) 709-7757 to schedule a free consultation with Mr. Villani today.

About the Author

Carmine R. Villani
Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.

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