- When you imagine someone getting pulled over for drunk driving, what do you see? Most likely, you see someone sitting in the driver’s seat of a car, SUV or pickup truck on the side of the road. But, while these may be the most common types of vehicles people drive drunk, they are far from the only vehicles in which drivers can get DUIs.
This is due to the expansive definition of a “vehicle” under New Jersey’s DUI laws. Under Section 39:1-1 of the New Jersey Revised Statutes, for purposes of DUI 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.”
You Can Be Arrested for DUI for Driving Any Type of “Vehicle” Under the Influence in New Jersey
So, if we break this definition down, what types of vehicles does New Jersey’s DUI statute cover? As we mentioned above, it clearly covers passenger vehicles such as cars, SUVs and pickup trucks. But, it also covers many less common types of vehicles as well. For example, in New Jersey, it is possible to get a DUI while driving:
- ATV or four-wheeler
- Golf Cart
- High-speed motorized bicycle or scooter
Commercial Vehicle DUIs in New Jersey
Commercial vehicles are also covered under New Jersey’s DUI law. In fact, not only are commercial vehicles covered, but they are actually subject to more-stringent restrictions than other types of vehicles. When you are driving a commercial vehicle in New Jersey, you can be arrested for DUI if your blood alcohol concentration (BAC) is just 0.04 percent or above.
What Doesn’t Qualify as a Vehicle Under New Jersey’s DUI Laws?
While New Jersey’s definition of a “vehicle” is expansive, it does not cover everything you can ride or drive on the road. For example, New Jersey’s DUI statute does not apply to:
- Low-speed electric scooters
- Bicycles (including low-speed electric bicycles)
- Other human-powered means of transportation
If you are riding a human-powered or low-speed electric scooter or bicycle while drunk, you are not guilty of DUI in New Jersey. However, you could potentially face charges for other offenses. For example, under Section 2C:24-7.1, it is against the law to recklessly or knowingly engage in “conduct which creates a substantial risk of bodily injury” or death to another person. Depending on the circumstances involved, this can be prosecuted as either a disorderly persons offense or a third or fourth-degree indictable crime.
Are You Facing a DUI Charge in New Jersey?
If you are facing a DUI charge in New Jersey, you need experienced legal representation. The penalties for a DUI are substantial, and while fighting a DUI charge can be difficult, drivers will have strong defenses in many cases. To schedule a free consultation with defense attorney Scott Gorman at our offices in Morristown, Essex County or Millburn, please call 862-250-6201 or request a free consultation online today.
Published in Categories: DUI / DWI