Many people are familiar with New York’s drinking and driving laws and know that it is illegal to operate a vehicle while under the influence. But you may be surprised to learn that in some cases, you can also be charged with a DWI if you are intoxicated while sitting or “sleeping it off” in a parked car — even if you weren’t driving. Specifically, police look at several factors when it comes to making a DWI arrest for being drunk in the driver’s seat of a parked vehicle.

How is a DWI Conviction Possible While Not Driving?

Under New York’s drunk driving laws, the prosecution must prove the following elements beyond a reasonable doubt: 1) You operated a motor vehicle; and 2) You were intoxicated at the time you operated the motor vehicle. Critically, even if you put your keys in the ignition without driving while intoxicated, you could still be considered to be “operating” your vehicle for the purpose of being charged with a DWI. Courts in New York typically interpret the term “operation” broadly — it can mean more than just driving the vehicle. In other words, if your car is running or you have the potential to drive it, you could be accused of a DWI.

To determine whether you should be arrested for a DWI, police will evaluate whether:

• Your BAC was over the limit — If your BAC is .08% or higher, you are legally impaired.
• Your car was running — Operating a vehicle is not the same as actually driving. You start operating a vehicle at the time you turn the engine on.
• You intended to operate the vehicle while intoxicated — If there was evidence you operated the vehicle while drunk or intended to operate it, you can be arrested for a DWI.

Significantly, a DWI can result in serious consequences, including loss of your license, time in jail, and substantial monetary fines. It’s best to have a knowledgeable criminal defense attorney by your side who can help to fight the charges against you.

What Defenses are Available if You are Charged with a DWI in a Parked Car?

It’s always best to take a taxi or have a designated driver if you’ve been drinking. However, there are a number of defenses a skillful criminal defense attorney may be able to mount if you’ve been arrested for a DWI while in a parked car, depending on the specific facts of your case. A court may dismiss the charges against you if you can show that you had no intention of operating the vehicle or your Constitutional rights were violated. Another possible defense is proving that you only had the key turned enough to engage the radio or CD player — but not the engine.

Your case can also depend upon the location of your car at the time of the arrest. If you were parked at a bar or in the original parking spot, you may be able to make the case that you were attempting to “sleep it off” before operating your vehicle. But in the event you were miles away from the bar, this suggests you drove the car while intoxicated. If you are under the influence of alcohol, it’s best to avoid sleeping in the driver’s seat of your car or turning your vehicle on for any reason.

Contact an Experienced New York Criminal Defense Attorney

If you’ve been charged with a DWI, it’s vital to have a criminal defense attorney on your side who can fight for your rights. The attorneys at D’Emilia Law offer trusted representation and adept advocacy to those who have been arrested for drinking and driving and work to obtain the best possible outcome in each case. To schedule a consultation, contact us at 1-888-DEMILIA.