BloomLegalTV: Can I get a DWI in a parked car?

Posted on Feb 1, 2012 in Bloom Legal TV

Today, we’re answering a commonly-asked question that has been submitted by phone, emails, and through our blog: Whether or not you can get a DWI while in a parked car.

That’s a good question.

Many times people will leave the bar and try to ‘sleep off’ their drunkenness in their car. Well, if you’re in a vehicle and the engine is running, they can give you a DWI, even it’s in Park. However, if the car is not running, they can’t give you a DWI. Having said that, they can still say that the car was running, if they want. I’ve had many cases where they say, “He/she was in the vehicle and the vehicle was on.” If the keys are in the ignition, then they are likely to give you a DWI. It’s not a good idea to sit in your car if you’ve been drinking. Maybe take a cab home. My suggestion would be, if you absolutely have to do it, keep the keys in your pocket or in the console of your car, and don’t have them anywhere near the ignition, because if the car is running or the battery is on, you are liable to get a DWI.

Thank you for joining us today with this video blog. Again, this isn’t supposed to be legal advice. That’s our micro-disclaimer. We’re just talking about general topics of the law. If you have any questions, give Seth a ring at Bloom Legal 504-599-9997. Thank you.

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