According to State v. Franchetta, 925 A. 2d 745 (Appellate Div. 2007), a person that ingested cocaine but said cocaine was no longer in his system is guilty of New Jersey
DWI law, namely: NJSA 39:4-50. In other words, being hung over is enough to trigger a violation because the New Jersey Appellate Court felt you are still “under the influence” per se.