This question comes up a lot. Everybody has heard the story about the guy who gets a DUI in a bar parking lot.
Whenever people talk about this situation I always ask them about the key factor. The thing is, if you’re drunk and you’re operating a vehicle – the first step of which is putting the key in the ignition – then you can get yourself in trouble. It’s not illegal to be drunk in a car, but if the key is even in your pocket, the law gets gray very quickly.
The other question I get asked is about sleeping it off – I.E. someone who has the car running while they rest and sober up. If a police officer wishes, this is a situation where someone can get an OVI. Again, with the key in the ignition, trouble is brewing.
One other note on this topic: You can also get yourself in trouble after you’re done driving intoxicated. I know of cases where someone has walked into a police station intoxicated and told police they drove there. Plain and simple, this is a confession.
My solution: Be careful and ponder your state before you get into the car. Don’t put yourself in the position where something can be used against you in court. If you feel like you need to sleep it off, get a taxi and a motel room. If you’re reading this because you’re already dealing with a legal problem, contact me (briantaubman[at]Taubmanlaw.net) and we can discuss your options.
Need more information about DUI/OVI in Ohio? Feel free to comment on any of my blogs or contact me at briantaubman[at]Taubmanlaw.net. You can also find out more about our DUI/OVI practice at CuyahogaCountyDUI.com.
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