To many people, it may seem like the responsible choice to sleep in their car after drinking a lot of alcohol. However, doing this can potentially lead you to an OUI charge under certain circumstances. With this in mind, it is important to learn about what factors might get you in trouble with the law, even if you did not drive your vehicle while drunk.
How Massachusetts defines OUI and why “operation” matters
The state prohibits operating a motor vehicle while under the influence of alcohol under Massachusetts General Laws ch. 90, Section 24. Courts look at whether or not you did anything that may potentially set the vehicle in motion, or put it in a position to move. Police and prosecutors may rule against you if they see signs that indicate a readiness to drive. This can happen even if you never move your car.
Facts officers use to decide whether you “operated” the car
Being in a position to operate a vehicle, even if you do not intend to do so, can be a deciding factor in an OUI charge. Courts examine specific factors to determine whether or not you operated a vehicle:
- Key location: Keys in the ignition or within your reach can suggest control
- Engine status: A running engine, warm hood or active electronics indicate operation
- Where you sit: Sleeping the driver’s seat is more likely to get you an OUI than the back seat
- Vehicle location: Parking in a travel lane, a lot entrance or a shoulder that can raise safety concerns
- Signs of recent driving: Tire tracks, fresh damage and incriminating statements
- Signs of impairment: The stench of liquor, open cans or bottles of alcohol, coordination issues and admissions of drinking
If an officer arrests you for OUI, you may also be required to undergo a chemical test – one which you consent to by default under the Massachusetts implied consent law. Refusing this test can trigger a license suspension, even though refusal is generally not admissible in a trial.
What can you do to avoid an OUI?
It can be risky to sleep in your vehicle after drinking alcohol. Even if doing so can reduce the risk of getting in a car accident, you may still receive an OUI if you cannot prove you were in no position to operate a vehicle. While the best way to avoid such a situation is to avoid drinking before driving entirely, there may be situations when you may need to.
If this happens, you can reduce the risk of an OUI charge by sleeping in the back seat, keeping your car keys inside a bag away from your reach and sleeping without turning the engine on. If the police contact you, stay calm and avoid revealing incriminating information. These steps can reduce risk, but do not guarantee that you will not be charged.