To be convicted of drunk driving in New Jersey, you must operate a motor vehicle while "impaired" by intoxicating liquor, narcotic, hallucinogenic or habit-producing drug. Absent any admission by the driver, or the defendant being found as the sole occupant of a car found in the roadway, the state must prove this beyond a reasonable doubt.
In most cases, this is rather straightforward. The police officer sees you driving the car, or finds you in the car behind the wheel, on the shoulder of the road, with no one else with you. That is not always the situation, however.
One of the first questions I ask of someone that consults with me on a DUI is, "How do they know you were driving?" Although it is not an issue in most cases, it is one that should be pursued if there is any doubt as to the answer.
If you have been charged with drunk driving, contact my office right away at 856-432-4113 or contact me through this site for a consultation to discuss your defenses. The case against you might not be as "open and shut" as you might think!