Most people think that seeking shelter in a vehicle after a night of partying is a responsible decision to make to reduce the risk of impaired driving. But unfortunately, even when your car is parked, you can still be arrested for a DUI. It is a confusing situation that happens in all states.
How You Could Be Arrested
The legal principle that governs this situation is known as “actual physical control.” This principle extends responsibility to individuals who can operate a motor vehicle. Just being in the driver’s seat and having access to the vehicle keys can be enough to warrant a DUI arrest, regardless if you intend to drive or not. If your car is running to keep you warm the situation is even worst for you.
At Home or Vehicle Inoperable.
Many people will also ask, what if you are on your own property but that does not matter. Being on the side of the road or at a destination increases your chance of arrest, because you had to drive to get to that place. If your keys are in your possession or even worse in the ignition, you have a higher chance of being arrested. Even if it was just to play music.
People will try to argue that their vehicle is deemed inoperable, has a flat tire, or run out of gas but this does not protect you from the DUI arrest. A vehicle rendered immobile due to factors that are unrelated to the driver’s impairment can offer an exemption from DUI liability but do NOT depend on it.
Avoid The Risk!
To avoid the risk of a DUI while parked, secure alternative transportation. If you’re intoxicated and need shelter it is imperative that you get into the rear seat and CALL A FRIEND TO COME GET YOU. Leave message that you are too impaired to drive and need a ride home. If you are dealing with these charges or need legal guidance, Shipp-Law will provide you the best possible outcome. Contact us at (970) 927-2255 or visit the Shipp- Law website.