After a night out at a bar, you realize that you had too much to drink and decide to sleep off the alcohol until you are sober. While this may seem like a safer alternative, it could potentially lead to a Driving Under the Influence (DUI) charge. This post explains how this could happen and the steps you can take to prevent it.
What Mississippi considers operating a vehicle
Mississippi law makes it unlawful to “drive or otherwise operate” a vehicle while under the influence. The term “otherwise operate” involves more than simply putting your car in motion.
Courts and law enforcement may interpret this to include having actual physical control of the vehicle while intoxicated. This means that if you are sitting in a car with access to the keys, an officer might argue you had the capability to drive at any moment.
What factors matter
Your parking location plays a significant role in how law enforcement and courts view your situation. If your car is on a public road, a highway or in a commercial parking lot, officers may be more likely to suspect that you intend to drive soon. Private property can offer slightly more protection, but it does not guarantee immunity from charges.
Aside from the location itself, authorities also consider whether your engine is running and where you are positioned in the vehicle. A warm engine or keys in the ignition can suggest that you recently drove. Similarly, sitting in the driver’s seat, even if you are asleep, gives the appearance of being in control, which can strengthen the case against you.
How you can reduce the risk of getting a DUI
If you find yourself too impaired to drive, certain precautions might help you avoid a DUI charge.
One approach is to take the keys out of the ignition. Keeping them on your person or within easy reach can suggest you could have driven. Placing them in the trunk, the glove box or outside the vehicle entirely may help demonstrate you had no plans to operate the car.
To further distance yourself from the steering wheel, consider moving to the backseat. This makes it more difficult for an officer to argue that you were “operating” the vehicle or had any immediate ability to drive.