Drunk driving is a traffic offense under New Jersey law. Although it is not criminal, if convicted, it can wreak havoc on all aspects of your life. This serious offense carries expensive fines, suspension and/or revocation of your driving privileges, and imprisonment in some cases.
Despite what most people think, you can get arrested for drunk driving in different types of vehicles. This is because New Jersey DWI laws have an expansive definition of “vehicle.” Under Section 39:101 of the New Jersey Revised Statutes, for purposes of drunk driving enforcement the definition of a “vehicle” includes:
“[E]very device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or low-speed electric bicycles, low-speed electric scooters, or motorized bicycles.”
Different Vehicles You Can Get a DWI In
If we break this definition of “vehicle” down, what types of vehicles will New Jersey’s DWI statute cover? This definition clearly covers the common types of vehicles, such as:
- Cars
- Vans
- SUVs
- Pickup trucks
In addition, the statute also covers fewer common types of vehicles. As such, you can get a DWI while driving:
- ATV or four-wheeler
- Golf cart
- High-speed motorized bicycle or scooter
- Motorcycle
- Tractor
Commercial Vehicle New Jersey Drunk Driving Charges
New Jersey drunk driving statutes also cover commercial vehicles. These types of vehicles are not only covered under the DWI laws, but they are subject to even stricter restrictions than other types of vehicles. When you are driving a commercial vehicle in New Jersey, you can be arrested for drunk driving if your blood alcohol (BAC) is just 0.04 percent or more.
Vehicles NOT Covered Under New Jersey DWI Laws
Although New Jersey law’s definition is expansive, it still does not cover everything you can drive on the road. Some vehicles that NJ DWI statutes do not apply to include:
- Low-speed electric scooters
- Bicycles, including low-speed electric bicycles
- Other human-powered means of transportation
Although you may not be fined for drunk driving if you operate these human-powered or low-speed electric scooters or bicycles while under the influence, you can still potentially face charges for other offenses. For instance, Section 2C:24-7.1 makes it illegal to recklessly or knowingly engage in “conduct which creates a substantial risk of bodily injury” or death to another person. Depending on the case’s specific facts, this can be prosecuted as either a disorderly person’s offense or a third or fourth-degree indictable crime.
Contact Us Today!
If you have been arrested for drunk driving, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-355-7100.
