Home  >  Articles  >  Parked Car Owi

Parked Car OWI

When an individual has been drinking, he or she may realize they are too intoxicated to operate a motor vehicle safely. Instead of calling a cab or a friend to drive them home, they may choose to sleep inside their vehicle to allow time for their body to process the alcohol so that they can become sober before driving home. Unfortunately, even if one pulls over to rest after drinking, he or she might face an OUI or OWI charge.

If you have been arrested for OWI while you were sleeping or otherwise in a parked car, it is important for you to promptly seek legal counsel and representation. To discuss your case and begin building a defense, contact the Appleton criminal defense attorneys of Hart Powell, S.C., LLP, at 414-271-9595.

OUI or OWI Charges in a Parked Car

The Wisconsin Supreme Court ruled in 2006 that just sitting in the driver’s seat of a parked car with the engine does not warrant an OUI charge. The court went on to say that in order to charge someone with driving under the influence of alcohol, there has to be evidence the intoxicated individual operated the vehicle.

However, there are some cases where an officer can charge you with an OWI if he or she believes you already operated the vehicle intoxicated before stopping. For example, if you have driven down the road from any possible serving establishment and decide to pull over to sleep, an officer may be able to take you into custody.

Contact Us

A conviction for OWI can lead to the loss of your license, time in jail, and other unpleasant consequences. You need a qualified attorney to help you protect your rights and interests. Contact the Appleton OWI defense attorneys of Hart Powell, S.C., LLP, at 414-271-9595 for aggressive and committed legal representation.