We recently covered BUI, or Boating Under the Influence, charges. Another type of DUI charge is known as parked car DUI, which can sneak up on somebody if he or she isn’t careful. Therefore, we encourage you to read further.
DUI laws generally refer to a person in “operation” of a vehicle, which is much broader of a definition than “driving” a vehicle. According to bloomlegal.com, “New Orleans DUI and DWI lawyers say that in Louisiana, along with several other states, a driver can be charged with a DUI/DWI offense if he or she is in a vehicle and has the keys. All that is needed for officers to issue a DUI charge is evidence that the inebriated person had been operating the vehicle.”
A parked car DUI charge is often given when somebody is taking a nap in a car while he or she has the keys in the ignition. Even though that person wasn’t driving the vehicle and even if he or she had no intent to drive (for example, just wanted to put on music in the car), it’s still perfect grounds for an officer to issue a DUI charge. Remember also that the legal limit in Louisiana is 0.08 BAC. This is why it’s especially important to hand a trusted sober friend your keys, no matter what happens. Because something as innocent as taking a nap in a parked car with a few drinks in you can result in a criminal charge.
Louisiana, like most states, requires juries to “consider all the surrounding circumstances”, which includes the location of the driver, car, and keys, as well as if the car’s engine was running and whether the driver was awake or asleep.
We’ve given an overview of the parked car DUI law, but each jurisdiction is different. Criminal defense and DWI lawyer Taylor Fontenot is the attorney you need, as he is experienced in this area of the law. Contact Taylor and the Southern Oaks Law Firm today!