Drunk driving can come with serious penalties. Most people are well aware and take steps to avoid driving while intoxicated (DWI) charges. Some drivers may even go to their car and take a nap in an attempt to wait until they are sober enough to drive. Though this may sound like a responsible option, drivers may be surprised to know that this could still result in DWI charges.
DWI laws vary by state, but they generally focus on the control you have over a vehicle while impaired:
- Physical control: In many states, being in “physical control” of a vehicle while under the influence can lead to a DWI charge. This means if you have the ability to operate the vehicle, regardless of whether it is moving or even turned on, you might be at risk.
- Location in the vehicle: Simply sitting in the driver’s seat can be enough to be considered in control. Even if parked safely, having the keys in the ignition or even in your pocket could imply control.
This is true in New York. As such, it is possible for police to make an arrest for a DWI when the driver is sitting in the driver’s seat with keys at hand.
What are the consequences for this type of DWI?
The implications of a DWI charge can be severe, affecting your driving privileges, employment, and more. Depending on the details of the case, the consequences can include a loss of driving privileges, fines, and even potential jail time.
It is important that those who find themselves in this situation take the matter seriously. It is a good idea to review the arrest to make sure the police did not violate your rights. If your rights were violated during the arrest, this could be a significant defense. It is also important to review the evidence to make sure the prosecution has enough to build their case. If not, you could push for a reduction or even dismissal of charges.
Drivers who find themselves facing these types of allegations are wise to seek legal counsel with experience in DWI cases. This professional can help you to navigate the complexities of your case.