The year-end holiday season brings festive parties, flowing drinks and countless celebrations across Indiana. While you might think sleeping off the alcohol in your car shows responsible judgment, this decision can actually get you in legal trouble.
What Indiana means by “operating” a vehicle
With a legal blood alcohol limit of 0.08%, the “intoxicated” part is easy to understand. However, the “driving” part often misleads drivers about what constitutes an OWI or “operating while intoxicated” offense.
Indiana courts interpret “operating” a vehicle more broadly than just cruising down the road. The law focuses on whether you maintain control of the car—not whether you’re actively driving it. Actions showing you have control or can take control of your vehicle while intoxicated may get you facing charges.
What actions could lead to an arrest?
Even if you’re sleeping off the alcohol, you may still face OWI charges if you are drunk and:
- Sitting in the driver’s seat or passenger’s seat
- Keeping keys within reach or in the ignition
- Running the engine for temperature control
Taking these actions shows control over the vehicle, which could trigger an arrest even if you never planned to drive.
How to tell if you’re too drunk to drive
The state’s legal alcohol limit at .08%. For men weighing less than 100 pounds, two standard drinks can already get your blood alcohol concentration up to the limit. Remember, one standard drink is equal to a 12-ounce bottle of beer or enough to almost fill a red solo cup.
Making smarter choices this holiday season
Don’t risk starting the new year with charges by sleeping in your car drunk. Plan ahead by designating a sober driver, using ride-share services or calling a friend. If you have no other choice, sleep in the back seat instead. Additionally, keep your keys far away, like in the trunk or the glove box.
If you face charges despite your efforts to act responsibly, a criminal defense attorney may help you explore defense strategies and work toward a positive outcome.