Perhaps you lost your wallet at Martell's Tiki Bar in Point Pleasant Beach on a Friday night, or maybe you missed the train home from Bar Anticipation in Lake Como. Either way, when options are limited, the car seat can seem like a comfortable enough place to sleep, especially when you are intoxicated.

However, the driver's location can make a difference. It is not uncommon for people to be arrested for a DWI when not actually driving. This is why a strong defense is critical. Never plead guilty to a DWI charge without first contacting a DWI lawyer in NJ.

DWI Charge When Not Actually Driving a Vehicle

DWI convictions in New Jersey carry severe penalties that will affect an individual's life immediately and for many years down the road. Penalties include loss of your license, hefty fines, a jail sentence, ignition interlock device installation, community service, and more, depending on the BAC level and whether it is your first, second, third, or subsequent violation.

A DWI arrest can be frightening and especially confusing if you received the charge when you were not even driving your vehicle at the time of the arrest.

Defending DWI N.J.S.A. 39-4-50

Many people assume that drunk driving laws only apply to those who are actually driving a vehicle. However, the guidelines for operating a vehicle are strict and clearly defined under New Jersey Statute N.J.S.A. 39-4-50.

Police will take into account several factors when making an arrest, including the location of the driver, whether he or she was sitting in the driver's seat or the back seat, the location of the car keys, whether they were in the ignition or still in a pocket, and where the car was located, such as whether it was parked on the side of the Garden State Parkway or still in the parking lot of a bar.

You could also be arrested for a DWI even if you were not driving. If you allow another person to drive your car knowing that person is drunk, New Jersey law states that you too can be convicted of a DWI. This is commonly known as "allowing." NJ has established this law to hold those who put drunk drivers on the road equally accountable as the drunk drivers themselves.

Get Home Safely: Download the Free Villani & DeLuca DWI iPhone App

Villani & DeLuca is proud to announce the first New Jersey DWI iPhone application in the state. Download the free app to access the following features:

• Call a taxi based on your current location for a safe ride home

• Calculate NJ moving violation points

• Learn about DWI, DUI, and refusal penalties in NJ for first, second, and third offenses

• Access DWI facts and frequently asked questions

• Submit a ticket or summons directly to the Villani & DeLuca law firm

• Request a free consultation with an experienced DWI defense lawyer

Contact an Experienced DWI Lawyer in New Jersey for Help

If you or a loved one was found asleep in your car and arrested on suspicion of driving while intoxicated, contact an attorney as soon as possible. Everyone's situation is different, and there are several challenges to drunk driving charges that an experienced NJ DWI lawyer can investigate.

The lawyers at Villani & DeLuca, P.C. know exactly what to do to defend your case. We can be reached 24 hours a day, 7 days a week at (732) 709-7757. Call today for a free consultation on how to protect your rights.