When the state accuses a person of a driving while intoxicated (DWI) offense, most people associate that scenario with drunk driving. Obviously, it is a violation of Arkansas state statutes to get behind the wheel while noticeably affected by alcohol or while over the legal limit for blood alcohol concentration (BAC).
But occasionally, people in unusual situations could find themselves arrested and facing DWI charges. Someone trying to sleep to sober up after drinking could wake up to police officers knocking on their window with the intent to arrest them.
Are those resting to sober up vulnerable to DWI prosecution?
Charges are possible even when the vehicle is off
A driver does not need to have their vehicle in motion on a public road to be in control of the vehicle. Simply having the keys and being physically present inside the vehicle can be enough for the state to assert that a person was in control of a vehicle. Officers don’t know if the motorist has already driven or if they intend to drive before their BAC drops below the legal threshold.
Sleeping in the vehicle with the keys in the ignition or in one’s pockets could theoretically be enough to justify DWI prosecution under Arkansas state statutes. The state only needs to show that the defendant was in physical control of the vehicle to justify prosecution. Drivers who try to make the right decision by waiting to drive home might find themselves accused of breaking the law.
Understanding the statutes that govern DWI charges and prior rulings in similar criminal cases can help people plan to defend themselves. Motorists have many different defense strategies available to them depending on the circumstances that led to DWI charges. With the right response, it may be possible to avoid a conviction.
