Imagine this: you’re at a party and have had a few drinks. You decide to sleep it off in your parked car, thinking it’s the safest option. But can a police officer charge you with a DWI even if you park your car? The answer might surprise you.
Can you be charged with a DWI in a parked car?
It’s a common misconception that a DWI charge only applies when a vehicle is in motion. However, the short answer is yes. You could potentially face a DWI charge even if you park your car. The key factor is whether you have operation and control over the vehicle while under the influence of alcohol or drugs.
Defining “operation”
The law states that law enforcement can charge someone with a DWI if they are operating a vehicle while impaired. According to the North Carolina General Statutes, the operation includes not only driving but also being in actual physical control of a vehicle on a highway or public vehicular area. This means that even if you’re not moving, police may consider you operating the vehicle if you’re in control of it.
Factors that can lead to a DWI charge
Several circumstances can result in a DWI charge while in a parked car:
- Location of the keys: If the keys are in the ignition or easily accessible, it suggests an intent to drive.
- Your position in the vehicle: Sitting in the driver’s seat is more likely to result in charges than sleeping in the back.
- The car’s location: Parking on a public road or in a bar parking lot may seem more suspicious than being in a private driveway.
- Your level of intoxication: If you’re visibly impaired, law enforcement may assume you drove to that location while intoxicated.
While sleeping in your car might seem like a safe alternative to driving drunk, it’s not without risks. The safest course of action is always arranging a sober ride home or using a rideshare service. If you find yourself in a situation where you’re unsure about your rights or the potential consequences of your actions, consult with a legal professional. They may provide guidance tailored to your specific circumstances and help protect your rights.
