At first glance, you might shake your head and tell yourself, “No. Of course not. How can a husband in the passenger seat be charged with DUI?” Unfortunately, as with most cases, the law is more complicated than you might expect. According to New Jersey drunk driving laws, yes, you can be charged with a DUI even if you aren't actually the person driving your vehicle as long as the car is in your name.

 It's common practice (and smart) to hand over your car keys once you have realized you have consumed too much alcohol to safely drive yourself home. In many cases, the person you hand them over to is a spouse or significant other – which is generally a good practice. However, the problem occurs when the person you hand your keys to is also intoxicated. According to N.J.S.A. 39:4-50, Driving while intoxicated, if you are intoxicated and then allow a second person (husband or not) to drive your vehicle, and he or she is also intoxicated, you both can be charged with driving under the influence, even if you are sitting or passed out in the passenger seat; as there is a provision in the law for permitting another to drive under the influence also know as "allowing".

Penalties of N.J.S.A. 39:4-50

 In most cases, this type of offense can have serious long-term effects on you and your family. It is only compounded and worsened when both heads of the household face the consequences. Although the penalties for DUI and DWI vary according to blood alcohol concentration and other circumstances, you and your partner can face any of the following consequences:

• Fines and fees
• Jail time
• Forfeiture of your right and your spouse's to operate a motor vehicle/driver's license suspension
• Installation of an ignition interlock device
• Participation in an Intoxicated Driver Resource Center

Although you might think you are making the right decision by asking your spouse to take the wheel, it's important to consider if that person is able to drive safely as well. Otherwise, you both risk being charged a DUI and suffering double the consequences. Consider how the charges can affect your ability to work or remain employed and how much it can cost you both in the long run.

A Qualified Legal Defense Team Can Help

If you or your spouse are charged with DUI – or both, the consequences can be severe and shouldn't be taken lightly. A person charged with DWI while sitting in the passenger seat is a complicated case that can require and experienced legal defense team like those at Villani & DeLuca.  Call us at 732-440-9970 for a free consultation immediately.