One of the less well known violations included in the New Jersey DUI statute is permitting an intoxicated driver to operate a motor vehicle. This offense is generally referred to as the “allowing” violation.
There are two ways that a defendant can be found guilty of the allowing violation. The first is for a defendant to allow a person who is under the influence of alcohol to operate a motor vehicle over which the defendant has custody or control. The second way for a defendant to be found guilty of this violation is for a defendant to allow a person with a blood alcohol concentration (“BAC”) of 0.08% or more to operate a motor vehicle over which the defendant has custody or control.
Because the allowing violation is included within the NJ state DUI statute, the penalties on a conviction or guilty plea to this violation are the same as those for a conventional DUI. Thus, a defendant who is convicted of or pleads guilty to the allowing violation will be subject to the same penalties as an intoxicated operator of a motor vehicle who is found guilty of violating the state DUI statute.
It you have been charged with allowing an intoxicated driver to operate a motor vehicle, it is generally advisable to seek legal counsel from an experienced traffic and DUI lawyer. A lawyer can analyze the facts of your case and explain your rights and options.