In New York State, Is It Legal To Sleep In Your Vehicle While Intoxicated?
During the holiday season, some of us may indulge in some sort of intoxicating drink. Okay, all it what it is - alcohol. You don't need a lecture from me about responsible drinking, but I will just throw it out there, be careful if you do drink over the holiday season (or anytime for that matter), and don't get behind the wheel of a motor vehicle.
But what about sleeping off that drunkenness in your vehicle? Does that break any rules or laws in New York State? Well according to a DWI Lawyer NY-NJ website article, it depends on the circumstance.
The article states that if you are found to be intoxicated, you may escape a DUI or DWI charge if there is no evidence you recently drove the vehicle you are in, there was no proof you had any intention to move the vehicle, and that the only reason the vehicle was running was to keep warm (or cool down in the summer months.)
Here's an interesting tidbit from the DWI Lawyer NY-NJ article, there is a difference between driving a motor vehicle and operating a motor vehicle. Obviously driving a motor vehicle means your vehicle is in motion. Operating a vehicle begins when you turn on the engine.
SEE ALSO: Is it Legal to Marry Your Cousin in New York State?
Even if your intention was to just stay put and warm (or cool) your vehicle while sleeping off your intoxication, there's no guarantee you won't be charged for a DUI or DWI. Best thing to do in this situation? Don't take a chance, it's not worth it. Get a safe ride home.
[via DWI Lawyer NY-NJ]
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