The holiday season brings festive gatherings where alcohol flows freely at parties and celebrations. It’s easy to have a little too much fun and find yourself drunk by the end of the night.
You might think it’s the responsible choice to sleep in your car until you are sober enough to drive. Unfortunately, Massachusetts law might not agree. You can still get an OUI charge for sleeping in your car while drunk.
What operating a vehicle truly means
In Massachusetts, driving the vehicle is not always necessary to receive an OUI charge. The key points are having a blood alcohol concentration (BAC) of .08% or more and the state’s definition of “operating” a vehicle.
The law focuses on “operating” or having control of the vehicle, regardless of the driver’s intent or even ability to drive. Courts consider several factors when determining if you maintain control of the car:
- Your location in the vehicle
- Whether the keys are within reach
- If the engine was running
- The location of the parked car
- Evidence of your intoxication or impairment
Laws regarding OUI while sleeping in your vehicle exist to prevent dangerous situations where an intoxicated person might wake up and drive.
Tips to help reduce risk of OUI while sleeping
Certain precautions may help minimize legal risk or strengthen defense strategies if sleeping off the alcohol is truly the only option left after a night of drinking.
Sleeping in the driver’s seat with the engine idling generally shows greater intent to drive. On the other hand, sleeping in the backseat with keys out of your reach might help protect you from charges.
If possible, place the keys in the trunk or outside the vehicle and keep the engine off completely, even for heating. With the temperatures dropping, this is a challenge but still a better option than an OUI charge.
Better to be safe than sorry
Planning ahead before drinking by arranging a designated driver, scheduling rideshare services or staying overnight where you’re celebrating are still safer options if you want to avoid potential charges.
The cost of a hotel room or rideshare service pales in comparison to potential thousands in legal fees and penalties from an OUI conviction.
