You Can Be Charged With DWI For Allowing a Drunk Driver to Drive Your Car
Under N.J.S.A. 39:4-50, the DWI statute, an individual can be charged with, be found guilty of and receive the same penalties for driving while intoxicated if they allow a drunk driver to operate his or her vehicle. The elements of the "allowing" provison of the DWI statute are set forth in the Appellate Division case of State v. Skillman, 226 N.J. Super. 193, 199-200 (App. Div. 1988). There the Court stated that ..."the State (prosecutor) must produce evidence from which the trier of fact (Judge) may reasonably infer, beyond a reasonable doubt, that such owner or custodian knew or reasonably should have known, of the permittee's impaired condition to drive."
The standard is if you were aware or should have been aware that the person you allowed to operate the vehicle (which you had control over) was drunk, then you can be found guilty of the offense. In defending these cases, it is essential to establish that you were not aware of the operator's intoxication either because the operator did not appear to be visbly intoxicated or that you had some physical manifestation which precluded you from knowing of the person's intoxication.
By: Thomas H. Martin
