Parking your car somewhere after a night of drinking might seem like a responsible choice, but it doesn’t always protect you from a DUI charge. Many people mistakenly believe that simply not driving and staying inside an unmoving car eliminates all risk.
However, the reality involves complex legal considerations that could still land you in trouble.
Why “actual physical control” means
In New Hampshire, you can receive a DUI charge for a parked car if you have “actual physical control” of the vehicle while intoxicated. This legal principle extends beyond operating the vehicle and applies if the driver has the potential to control and drive the car..
Courts look at several factors to determine if you maintain control of your parked vehicle while intoxicated, including:
- Location of the keys
- Your position in the vehicle
- Whether the engine is on or off
- Location of your parked car
You face a higher risk of a DUI when intoxicated in the driver’s seat with keys accessible, engine running or parked in an unusual location like the side of a highway. Police might conclude you drove to your current location while intoxicated or plan to drive away soon.
Tips to avoid getting a DUI for a parked car
You can reduce your risk of a DUI with a few different decisions. The biggest ones are to ensure the vehicle is not running or idling and to keep the keys out of the ignition. Instead, store it away in the trunk or at the bottom of your bag where it is hard to get.
It is also advisable to sit or sleep in the back seat. Additionally, park in a legitimate overnight parking area, like the bar or hotel’s parking lot.
What if you are not intoxicated?
If police find you sleeping yet sober in a parked car, you cannot receive a DUI charge, regardless of any other factor that may apply. The law requires actual intoxication in addition to control of the vehicle for a parked car DUI charge to stick.
Under state laws, the legal limit for intoxication is a blood alcohol concentration (BAC) of .08% or higher for adults. However, officers might still investigate if they observed suspicious behavior or received reports about your driving before parking.
Smart choices beat DUI troubles
In general, it’s always better to arrange alternative transportation when drinking. Use rideshare services, designated drivers or public transit instead of your own vehicle.
Even with good intentions, staying in your parked car while intoxicated creates legal risks not worth taking. The safest approach keeps you completely separated from your vehicle until you return to sobriety.
