Different Types of Vehicles You Can Get Pulled Over for Drunk Driving in New Jersey
When most people imagine a person getting pulled over for drunk driving, they see someone sitting in the driver’s seat of a car, SUV, or pickup on the side of the road. Although these are the most common types of vehicles people drive while under the influence, they are far from the only vehicles in which you can get pulled over for driving while under the influence (DWI).
New Jersey DWI laws have an expansive definition of a “vehicle.” Section 39:1-1 of the New Jersey Revised Statutes defines a “vehicle” for purposes of a DWI as:
“[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.”
NJ DWI Arrest in Most Any Type of “Vehicle”
Based on the New Jersey DWI law definition of “vehicle” basically any vehicle that is considered a passenger vehicle is covered. The law also includes many fewer common types of vehicles as well, such as:
- ATV or four-wheeler
- Golf Cart
- High-speed motorized bicycle or scooter
- Motorcycle
- Tractor
Commercial vehicles are also covered under this definition. It should be noted that commercial vehicles are actually subject to more stringent restrictions than other types of vehicles. The blood alcohol content level for a commercial driver is just 0.04% or above.
Vehicles That Do Not Qualify Under New Jersey’s DWI Laws
While New Jersey DWI laws have a broad definition of what cars you can be considered for a DWI, there are some vehicles that the statutes do not cover. Some examples of vehicles that the NJ DWI laws do not apply to include:
- Low-speed electric scooters
- Bicycles (including low-speed electric bicycles)
- Other human-powered means of transportation
In short, if you are riding a bicycle or low-speed electric scooter while under the influence, you cannot be charged for drunk driving under New Jersey laws. However, you could potentially face charges for other offenses. For example, Section 2C:24-7.1 prohibits the law to engage in recklessly or knowingly “conduct which creates a substantial risk of bodily injury” or death to another person. Depending on the specific facts of the case, you can be charged for disorderly conduct or a third or fourth degree indictable crime.
Contact Us Today!
If you have been arrested for drunk driving, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
