Legal Question in DUI Law in Wisconsin

OWI, DUI, Drunk Driving Arrest of a Person in Parked, Idling Car

OWI, DUI, Drunk Driving--Arrest in Parked, Idling Car

Yes, many people are convicted every year of drunken driving for exactly that. People are also sometimes convicted if the car is not even turned on but the keys are in the ignition. Only a jury or judge can make the ultimate decision whether or not this constitutes "driving" under the law, and then, only after a full trial. Of course, the opposite is true if the defendant pleads guilty or no contest. Then, there is no need for anyone to decide whether or not this equals "driving" because the defendant has relieved the government of the burden of proving that issue by admitting to that element of the crime. Personally, I believe that it is counter productive to punish a person who has the good sense to pull over and park after realizing that he or she is too drunk to drive, but I am not yet a judge. Some recent court of appeals decisions have suggested that this does not constitute driving, so there is hope for anyone who is a defendant in that scenario. Of course, investigation relating to the issue of how the car came to be parked with the drunken person behind the wheel can sometimes avoid the need to address this issue--if there is circumstantial evidence that the person drove the car to that location while drunk, the question of whether sitting in an idling parked car is "driving" does not even come up (since driving the car to that spot while drunk is clearly drunken driving). Anyone facing this scenario needs to consult with an experienced criminal lawyer as soon as possible.