BloomLegalTV: New Orleans DUI Attorney Says Keep Your Keys In Your Pocket To Avoid DWI

Good afternoon. My name is Seth Bloom. I’m with the law firm of Bloom Legal located in downtown New Orleans at 700 Camp Street. Our office number is 504-599-9997.

Today I want to answer a commonly asked question today that’s raised both with phone calls and emails and on our blog, is whether or not you can get a DWI while in a parked car. And that’s a good question. A lot of times people will leave a bar and they will go into their car and they’ll try to sleep off their alcohol.

Let me talk about that for a minute. If you’re in a vehicle and the engine is running, they can give you a DWI, even if it’s in park. However, if the car’s not running, they can’t give you a DWI. But having said that, I’m not going to call any police liars here, but they can still say that the car was running. I’ve had many cases where they say, “Oh, well he was in the vehicle/she was in the vehicle and the vehicle was on.”

So, if the keys are in the ignition, then they are likely to give you a DWI. So it’s on the best idea to sit in your car if you’ve been drinking. Maybe take a cab home. My suggestion is if you have to do it, you should keep the keys in your pocket or in the console of your car and not have them anywhere near the ignition. Because if the car is running, or the battery is on and you’re in the car and intoxicated and sitting in the driver’s seat, and they do stop you, you can 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 little disclaimer. We’re just talking about general topics of the law. If you have any questions, give us a ring at Bloom Legal. That’s 504-599-9997. Thank you.