New Jersey DWI Actual Physical Control
You may be surprised to learn that you can be charged with DWI in New Jersey without actually driving. Under the law, you only have to be in actual physical control of a vehicle to be placed under arrest.
In order to be in actual physical control, you simply have to be in a vehicle and have the ability to drive; basically, if you have the keys and/or if the vehicle is on, you could be considered in actual physical control.
For example, if you drink and then decide to “sleep it off” before driving home on a cold night but turn your car on so that the heater will run, you would be in actual physical control. Even having the keys in the ignition or simply inside the car could be enough for an officer to arrest you.
Defending Against Actual Physical Control
Actual physical control can be difficult for the prosecution to prove. With the right defense strategy, an experienced defense attorney may be able to challenge this claim and increase the chances of a favorable outcome in your case.