Did you know? A police officer is able to arrest you for a DUI, even without proof of any driving or vehicle operation taking place. Although “DUI” is an acronym referring to “driving under the influence,” you do not need to be physically driving a vehicle at the time you are under the influence in order to be charged. If you are unfortunately cited for DUI and not driving at the time of the charge, it is important to seek support and guidance from an experienced lawyer as soon as possible. There is a lot at stake with critical charges, like a DUI, which may affect your current and future driving record, employment opportunities and more. Being charged with a DUI may have some serious consequences, like losing your license, fines, or even worse, time in incarceration.
You have important responsibilities and jail time would keep you from maintaining your obligations.
DUI in a Parked Car
This is one of the most common questions or concerns people have, in regards to DUIs. If you are under the influence of alcohol and in the driver seat or in control of the vehicle at the time of the incident, you may be arrested. Just because the car is parked, and you or your friend is not driving, does not mean you are safe from DUI convictions. But, what does it mean to be “in control of the vehicle,” especially when the car is not actively being driven? You physically are in the position and/or have the power to operate your car when impaired. This may even be reduced to having the keys in your possession at the time, but not actively driving the vehicle.
A major part of the determination with one being “in control of the vehicle” is the intent. If someone has the intent to drive or operate their vehicle, they are likely to be holding these keys, seated in the driver’s seat of the car, or participating in other active decision making surrounding an intention to drive. If an officer approaches and stops you when you are intoxicated and getting into your car, even without starting the car or actively driving yet, they consider you to be both in control of the car and showing an intent to drive said vehicle.
Should I Sleep it Off in My Car?
In Nevada, sleeping in your car and having a blood alcohol content more than the legal limit may result in DUI charges or arrest. This may have a similar result if you seem to be under the influence of something other than alcohol, such as marijuana or other substances. Penalties for sleeping in your car and under the influence are no different than a regular DUI charge in Nevada.
First-time offense, not resulting in any substantial injuries, is a misdemeanor and includes:
Up to $1,000 in fines
Up to 6 months in jail
Victim Impact Panel class attendance requirement
DUI School attendance requirement
A 3-month suspension of one’s driver’s license
Penalties with No Proof of Driving or Operating a Vehicle
As mentioned above, the penalties for a DUI in Nevada, with no proof of operating a vehicle, are the same as a DUI conviction one may receive while actively driving. You are likely to pay exorbitant fines, deal with a license suspension and have course/class requirements to complete. Fine amounts vary, due to the amount of blood alcohol content at the time of this incident, if you are under the influence of alcohol. Unfortunately, if this is not your first-time offense, charges and penalties can be even steeper for you and may result in jail time in addition to the fines, license suspension and schooling requirements.
At Ticket Busters, we have a skilled and experienced team to assist with your unique needs in this situation. If you or a loved one receives DUI, while operating or not operating your vehicle, we’re your go-to resource and understand the implications such charges will have in your life. Turn to a team who understands DUI guidelines, laws and police officers.