An operating a vehicle while intoxicated (OWI) charge is a serious traffic offense and also a crime. Depending on the circumstances, those accused of an OWI could face either a misdemeanor or felony charge.
The penalties possible range from probation and driver’s license suspensions to incarceration and large fines. In some cases, people accused of an OWI offense were not actually driving when they encountered police officers.
Someone sleeping in their vehicle to sober up after drinking could be at risk of an OWI charge.
Having the keys means having control
Some people believe that if they avoid starting the vehicle or keep it parked while running the engine to make use of the heater or air conditioning, they aren’t at risk of an OWI. Police officers can arrest those sleeping in their vehicles after drinking.
Being able to control the vehicle is the most important consideration in such cases — not proof of recent driving. The vehicle does not need to be in motion on the road for the state to justify OWI prosecution.
Instead, prosecutors need to show that the person accused was in control of the vehicle. Being in the vehicle with the keys can be adequate justification for an OWI charge if a person admits to drinking or fails a chemical test.
There may be defense options available to those accused of OWI offenses in unusual circumstances. It could be possible to negotiate a plea bargain, or a defense attorney could help develop a strategy for taking the case to trial. Reviewing what led to the arrest can help motorists fight back to avoid potentially life-altering convictions.