Even with a skilled lawyer representing you, a DWI can carry carries stiff penalties in New York. Out of fear of those penalties, you can choose not to drive and find an alternative way home. However, even if you intend not to drive, you still might not avoid a DWI charge. Here’s what you need to know. 

Sleeping It Off

Some people are found sleeping in their car in a parking lot after they have been drinking even though they did not intend to drive they still need a lawyer to help defend against DWI charges. If a police officer can show that the you were intoxicated, and that the vehicle is running and/or the keys are in the ignition, perhaps to run the heater or radio, you can be charged with DWI. That is because the legal definition of “operate: is broader than “drive” and takes into account any attempt to engage the car’s machinery. Don’t “sleep it off” in bar parking lots with the engine running or keys in the ignition.   

Abandoning Your Vehicle 

You may think you can park your vehicle on the side of the road and walk home. However, if a police officer sees you walking and that you are intoxicated, and then discovers your vehicle nearby; he can circumstantially infer you drove the vehicle to where it was found.

In that case, you will need a lawyer to help you defend against DWI charges. Similarly, abandoning a vehicle after getting in an accident won’t help you avoid charges. If the police find you walking home, or locate you later while you’re still intoxicated,  particularly if anyone was hurt in the accident, your attorney will have to defend you for leaving the scene of an accident, in addition to DWI charges.

Parking on Your Private Property

Imagine that you’re staying home to drink and your vehicle is in your own private driveway. You’re safe from a DWI charge as long as you stay home and your car is parked in a private residential driveway. However, if you drive the vehicle at all, even to the corner store and back, you can be charged once that vehicle hits the street. If you’re going to stay home and drink, don’t go anywhere.

Thomas A. Corletta, Attorney & Counselor at Law has been serving clients throughout Monroe County, NY, for more than 40 years. When you need a lawyer, you can rely on him to help you obtain the best possible outcome. While each case is different, he strives to provide reliable legal services. To learn more about his areas of practice, visit his website. Call (585) 546-5072 to schedule an initial consultation.