You Can Get an OUI Charge in Massachusetts Without Driving. Here’s How It Happens and How to Avoid It

Imagine this scenario: you decide to get some sleep in your car after a night out, thinking you’re making a responsible decision. The engine is off, and you aren’t going anywhere. Then, all of a sudden, a police officer knocks on your window, and before you can even realize what’s happening, you find yourself charged with OUI (operating under the influence). This scenario, while frustrating, is the reality many people face in Massachusetts. Based on the law, you can still face the serious consequences of OUI even if your vehicle isn’t in motion while you’re found inside it. From the court’s perspective, it cannot be assumed that the person inside the car won’t decide to drive, nor that they hadn’t been driving before while intoxicated. In other words, even if you’re trying to do the “right thing” by sleeping in the car, it’s still considered an issue of public safety.

How is “Operating” a Vehicle Defined Under Massachusetts OUI Laws

It’s a common assumption that OUI charges apply to you only if you’re caught behind the wheel with the vehicle in motion, but Massachusetts takes a broader view on this, prohibiting being in “actual physical control” of a vehicle under the influence of substances or alcohol. Confusion arises due to the phrase “actual physical control, so it’s worth noting that courts in Massachusetts have ruled that an individual is considered in actual physical control even when the vehicle isn’t running.  When charging with OUI, the courts in Massachusetts consider the totality of circumstances rather than just one factor, including the following:

• Where the individual was located in the vehicle;
• Whether the keys were in the ignition or the engine was running;
• Whether the engine was off, on, or warm;
• The vehicle’s location ( for instance, whether it was found in a parking lot or parked on the roadside);
• Evidence of the person’s intent to drive;

So, considering all of this, a scenario in which you’re sleeping in your vehicle with the engine off can still be considered having the capability to drive under the influence, which can lead to charges.

The Consequences of OUI Charges Without Driving Are Just as Serious as If You Were Caught Behind the Wheel

In Massachusetts, you can still face the same penalties when charged with OUI without being seen driving as you’d if you were caught behind the wheel. These can include fines and fees, license suspension (especially if you refuse a breathalyzer test), and probation and education programs.

First-time offenders generally enter a 24D disposition program, where they attend probation and mandatory alcohol education classes. Furthermore, being charged with OUI creates a criminal record, and this can have a major impact on someone’s life, affecting everything from housing opportunities to future employment. It undoubtedly takes a toll on your mental health, leaving you grappling with anxiety, shock, and a feeling that you’ve been betrayed by the system when you’ve only wanted to make a responsible decision.  If you’re faced with OUI charges without driving, it is very important to seek the help of a criminal defense attorney as soon as you can, as they are experienced in handling these types of cases, and will help guide you through the complexities of the legal process, so you can understand your rights and get the best results possible.

How To Prevent OUI Charges If You Aren’t Planning to Drive

The most obvious way to avoid an OUI charge is not to drive under the influence. But what if you don’t intend to drive? Is there something you can do to avoid facing unfair charges? Luckily, there are practical steps that could help protect you when navigating such a stressful situation:

1. Sleep In the Back Seat. If you must sleep in your vehicle, sleeping in the back seat can make a huge difference, because, as we previously mentioned, if you appear as though you intend to drive, you will be charged with an OUI. Suppose the back seat isn’t an option; choose the passenger seat instead.
2. Keep Your Keys Out of Reach. If you’re in possession of car keys, the police officer will easily assume that you’ve been driving or intended to do so while intoxicated. Even if the keys are nearby, like in your lap, this can still be considered evidence. Storing them away, whether in the trunk, the glove compartment, or even outside the vehicle altogether, is better because it may support your case.
3. Make Sure The Engine Is Off. If you have the engine running for A/C or warmth while in the vehicle, it can look like an intent to drive, even if your intention isn’t that at all. Doing so will allow your defense attorney to argue that you weren’t operating the vehicle, which could help with the suppression or dismissal of evidence.
4. Park In a Safe Location. The worst thing you can do is park your vehicle on the shoulder of a public road or somewhere close to a bar. If you do so, officers may argue that you either have driven the car while under the influence or had the intent to do so. To avoid this, park the car in a legal parking spot away from the road or in a private driveway.
5. Unlock Your Vehicle from a Distance. If you need to go to your car for whatever reason while intoxicated, it’s a good idea to unlock it from a distance and leave your keys behind when walking to it. Suppose a police officer sees you doing this; you can show them you don’t have the car keys on you, which proves you weren’t planning to drive.

The Bottom Line

While Massachusetts laws are designed to promote public safety, the laws are applied in an unforgiving way, which can take an emotional toll on people who are charged with an OUI without actually driving. This is why it is crucial to educate yourself, take preventive measures, and get legal support to avoid life-changing consequences.