What Is Parked Car DUI?
Parked car DUI is one of those instances when you’re caught for driving under the influence when you haven’t even been driving. You’re simply sitting in your car that’s parked somewhere. Suddenly, a police officer appears from nowhere and charges you with a DUI. Sounds unfair, doesn’t it?
Well, there are a few things you need to know about a parked car DUI. The core idea behind parked car DUI is that an officer should stop an individual before the person starts driving drunk, and thereby, prevent a potentially dangerous accident that can follow. Once they discover an intoxicated person in a vehicle, they are supposed to evaluate whether there is a chance that the person committed a crime or has an intention to drive.
Rather than taking a chance, many police officers decide to charge the person with a DUI. But since the charge is based on circumstantial evidence, convicting a person is not that easy.
The Stance of the Virginia DUI Law
Under Virginia law, an individual may be charged with a DUI and arrested if the person is in operation of a motor vehicle on a highway while being intoxicated. The word ‘operation’ refers to having the car key in the ignition. It doesn’t include driving. The person may be fast asleep and be charged with a DUI because he was intoxicated and was in operation of the vehicle.
Thus, when you’re intoxicated, a smart decision to sleep it off or wait it out will not eliminate the chance of a DUI if your car key is in the ignition.
Another controversial aspect is the word ‘highway’ in the above-stated law. The legal grounds for the arrest mandate that the defendant must have been discovered on a public roadway. DUI arrests made in any area designated as private (not having public access) are thus null and void.
In addition, there may or may not be an exception in the DUI charge if a person is charged with a DUI in a driveway or parking lot that does not have access to the general public. For instance, it should have been blocked by a gate, fence, or wall that prevents unauthorized entry.
Private Areas
When you talk about private areas, they may include private parking lots. Parking lots that belong to shopping malls and restaurants are public parking lots. But private ones would usually have some indication, such as signs saying ‘Private Property’ and ‘No Trespassing.’ These signs can be a great defense against DUI charges.
Similarly, some driveways, roads, and lanes that are constructed on private property can be excluded from a DUI charge. However, parking lots associated with government buildings or military departments are still considered public highways, even if they’re located in private properties.
In case you have been charged with a parked car DUI, immediately hire a specialized attorney before it’s too late.