While you’re probably aware that driving under the influence is illegal and dangerous, you might not be aware of non-driving DUIs. In Ohio, if you’re sitting in your vehicle with the engine off and you’re intoxicated, you could still face these charges.
One of the questions defense attorneys get asked is, “?” You could still face criminal charges even if you are not actively driving the vehicle. Understanding what DUI laws mean in Ohio can prevent you from running into this issue. However, if you’re already facing charges, you’ll want to work with a criminal defense attorney who specializes in defending people charged with DUI.
What Does the Prosecution Need to Prove to Convict You of DUI in Ohio?
One of the key elements that prosecutors need to prove is that you were operating a vehicle while you were under the influence of alcohol. Keep in mind that the vehicle in question is not limited to cars. The vehicle could be a bicycle, golf cart, an ATV, or even a boat.
The prosecution must prove that you were in a vehicle, legally intoxicated at the time of being in said vehicle and that you were operating the vehicle. The charge may seem straightforward, but it is confusing in situations when you may be sitting in your car while intoxicated. The reason is that the term ‘operation’ can be legally defined as having caused the movement of the vehicle. You shouldn’t face charges for DUI simply by sitting in a vehicle, but the prosecution will look for ways to show you actually moved the vehicle in question.
It’s certainly not something you want to try to argue in court on your own without a criminal defense lawyer. The interpretation of DUI laws may help or harm your case, but an attorney can review all the factors and help present evidence to prove you were not operating the vehicle.
Additionally, in the state of Ohio, there is nothing that distinguishes between private and public property when it comes to DUI. Essentially, this means the police could arrest you while you are sitting intoxicated in your own car in the driveway of your own home or another private property.
What to Know About Sleeping in Your Car and DUI Charges
Ohio’s laws regarding DUI have many gray areas, which makes many people wonder if they can sleep off a night of drinking in the confines of their car. While you may not be operating the vehicle at that moment, you could still end up getting arrested for DUI.
This happens more often than you might think when someone has a few too many and thinks they’re doing the right thing by not driving home. It’s a better idea to call a rideshare and pick up your vehicle the next day otherwise you may finish sleeping the night off at the county jail.
While the police must prove you were operating the vehicle, they don’t need to witness you driving it to claim you were operating it. The evidence is circumstantial, but they can still charge you with DUI.
You may have the engine running so the AC can keep you warm in winter or cool in summer while you sleep. This would have the prosecution arguing you were operating the vehicle. However, even if you turned off the engine completely, officers may note that the hood is warm to the touch and assume you were operating the vehicle.
They will also check tire tracks or look for keys in the ignition. If you are in the driver’s seat, they will also assume that you drove your car while intoxicated. You may have pulled over on a busy highway or road or your car may have been damaged from an accident, and all of these things may be used against you to get you convicted.
It’s imperative that you speak with an attorney if you’re in this situation to help you fight the charges. The prosecution must prove you were operating the vehicle, and while they can use circumstantial evidence, your lawyer will know how to build a strong defense against their claims.
How Lawyers Use the No Driving Defense to Fight DUI Charges
If you have been charged with DUI in Ohio but you weren’t operating the vehicle, it is possible to get your charges reduced to what is known as ‘physical control.’ This may be helpful in situations when you are in your car but not driving it.
The operation of the vehicle may have simply been the act of you turning your key in the ignition. When the term ‘physical control’ is used, this means being in the driver’s seat of the vehicle with the ignition key, though it is not the same as DUI.
Using this tactic requires having the evidence and facts match. With the help of your attorney, you can use a no driving defense like physical control. The judge and jury will consider the location of your vehicle, where you were inside of the vehicle at the time, if you were asleep or awake, where the keys were located, and if the engine was running.
Proving you weren’t driving is more of a challenge but an experienced criminal defense attorney can help. They can bring in witnesses who can testify that you were not behind the wheel or find footage that clears your name. If there is no direct evidence, circumstantial evidence might make the jury conclude that you drove the vehicle.
While it may be tempting to choose a public defender in these situations, especially when money is tight, you should hire your own attorney. Public defenders are often overloaded with cases, and you’ll want someone who has the time to come to your defense. You don’t want to wind up with a yellow plate on your car simply because you chose to sleep in your vehicle rather than drive it.