Will I Get a DWI if My Keys Are Not in the Ignition?

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Say, for instance, that you were charged with a DWI even though your keys were not in the ignition. You may be wondering how your actions constitute such a charge. Follow along to find out if you will still get a DWI if your keys are not in the ignition and how a proficient Gloucester County DWI lawyer at The Vigilante Law Firm, P.C. can defend your case.

Will I still get a DWI if my keys are not in the ignition?

In short, it is possible to get charged with a DWI even if your keys were not in the ignition at the time this accusation was made. It may seem odd that you can be accused of driving while under the influence of drugs or alcohol even if you were not driving. However, the only proof that is needed is that you were in some sort of control of the vehicle.

With that being said, law enforcement officers and the New Jersey court will determine the following factors when making their judgment:

  • Whether you were sitting in the driver’s seat, passenger seat, or back seat at the time.
  • Whether the vehicle’s keys were in your possession at the time.
  • Whether the vehicle was parked at the time.
  • Whether the vehicle’s engine was running at the time.
  • Whether the vehicle was parked at the time.
  • Whether the vehicle was disabled at the time.

What are the consequences of a DWI in the state of New Jersey?

If you have been accused of a DWI, you must take your upcoming legal proceedings seriously. This is because the New Jersey court can sentence you to some serious consequences. Examples of such are as follows:

  • First-offense DWI:
    • Up to 30 days of incarceration.
    • A fine of anywhere between $250 to $400.
    • A $1,000 surcharge each year for three years.
    • A required installation of an ignition interlock device (IID) for 3 months.
    • A required 12 to 48-hour attendance in the Intoxicated Driver Resource Center (IDRC), and its applicable fees.
    • A $100 fee for the Alcohol Education and Rehabilitation Fund.
    • A $100 fee for the Drunk Driving Fund.
    • A $75 fee for the Neighborhood Services Fund.
  • Second-offense DWI:
    • Up to 90 days of incarceration.
    • A fine of anywhere between $500 to $1,000.
    • A driver’s license suspension for two years.
    • A required installation of an IID.
    • A required 12 to 48-hour attendance in the IDRC, and its applicable fees.
    • A $100 fee for the Alcohol Education and Rehabilitation Fund.
    • A $100 fee for the Drunk Driving Fund.
    • A $75 fee for the Neighborhood Services Fund.
  • Third-offense DWI:
    • Up to 180 days of incarceration.
    • A fine of $1,000.
    • A $1,500 surcharge each year for three years.
    • A driver’s license suspension for 10 years.
    • A required installation of an IID.
    • A required 12 to 48-hour attendance in the IDRC, and its applicable fees.
    • A $100 fee for the Alcohol Education and Rehabilitation Fund.
    • A $100 fee for the Drunk Driving Fund.
    • A $75 fee for the Neighborhood Services Fund.

For more information, contact an experienced New Jersey criminal defense lawyer today.

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