People who choose to “sleep it off” in their car rather than drive home after drinking are often surprised to learn that the law still considers them to be “operating” the vehicle and therefore subject to a drunk driving charge — particularly if they’re in the driver’s seat and have access to their key or fob to start it.
What about people who vacation in recreational vehicles, vans and other means of transportation that can also be lived in? Does the same standard apply? What about unhoused people who live in their cars?
These were scenarios explored by the Massachusetts Supreme Court earlier this year. The case before them involved a man convicted of operating under the influence (OUI). He and a friend were on a fishing trip in a rented U-Haul. When police found the U-Haul parked illegally in Cape Cod, they discovered one of the men in the driver’s seat with the key in the ignition, surrounded by open vodka bottles.
The defendant, who was sentenced to several years in prison because of prior convictions, appealed the conviction, arguing that he wasn’t operating the vehicle when he was arrested.
What about those living in their vehicles or able to start them remotely?
The justices took the opportunity to question both the prosecution and the defense about other scenarios, such as “a homeless family…parked in a parking lot” who may have the engine running to stay warm and be drinking. One justice noted that other states have amended their laws to take into account people who may be vacationing or living in a vehicle as long as they aren’t a threat to the public.
Another justice noted that the law should be updated to account for the fact that many vehicles can be started remotely and even through apps on phones. If a child can start a car using their parent’s phone, are they “operating” it?
For now, the law remains the same in Massachusetts. It’s important for those in any vehicle to know the OUI law as well as the open container law in our state and in any state in which they’re traveling, as state laws vary. An OUI charge can have serious consequences. If you’ve been arrested, it’s smart to get legal guidance as soon as possible to protect your rights.