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Can A Passenger Receive a DUI?

Posted by Carmine R. Villani | Jun 21, 2016 | 0 Comments

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New Jersey has severe penalties for drunk driving and you can receive a DUI even if you are not driving. Most people are aware that they can be charged with a DUI if they drive with a blood alcohol concentration of 0.08% or more. However, many people may not realize that it is also illegal to allow another person with a BAC of 0.08% or more to drive your vehicle. If you are out with your husband and you have had too much to drink, do not allow him to drive if he has also been drinking. In New Jersey, you and your husband would both be facing DUI charges since you allowed him to drive your car knowing he had been drinking. The penalties for both of you would be the same.

Driving While Intoxicated / Permitting Someone to Drive Drunk (N.J.S.A. 39:4-50)

This law applies to: “…a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drugs, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or 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 by weight of alcohol in the defendant's blood…”

Penalties for Allowing an Intoxicated Person to Drive Your Car

As stated, the penalties will be the same both for the driver and for you as for you as the passenger who allowed the intoxicated person to drive. Your license will be suspended for three months to a year, you could receive 30 days in jail and you will have to pay hefty fines. In addition, you would be required to complete an Intoxicated Driver Resource Center program. If your BAC was higher than 0.15%, an ignition interlock device will be installed in your car for 6 months to 1 year after your license is re-instated.

If you have previously been convicted of a DUI, the penalties are much more serious. If it is your second offense in 10 years, your license will be suspended for two years, you could spend up to 90 days in jail and you will need to complete 30 days of community service. If an ignition interlock device is installed in your car, you may be required to keep it in place for up to three years after your license is re-instated.  If it is your third offense, your license will be suspended for 10 years, you could receive 90 days of community service and possibly serve 180 days in jail. 

Do You Need an Experienced DUI Attorney?

Carmine R. Villani, Esq. has a wealth of experience defending DUI charges in New Jersey. Call Villani and DeLuca at 732.965.3999 today! 

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over 20 years experience in Criminal and DWI Defense.

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Mistakes happen all of the time. If a mistake was made by the police or the New Jersey prosecution it should not hurt you and your family. Our experienced NJ DWI Defense Lawyers at Villani & DeLuca regularly protect the legal rights of people who have been charged with DWI / DUI or breath test refusal. This traffic offense carries the possibility of jail time and costly fines in New Jersey. The stakes are too high and the possible effects can last for years. A strong legal defense can often convince the courts to have your drunk driving charges dismissed or reduced so don't risk your future by trying to defend yourself against a DUI! Contact Villani & Deluca today for a FREE case evaluation on all your pending drunk driving charges.

This website is designed for information purposes only and should not be construed as formal legal advice nor the formation of an attorney/client relationship.

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