After an evening of social drinking, you decided to sleep in your car, hoping that this would help you sober up. Unfortunately, under Kentucky’s stringent traffic laws, this decision can inadvertently lead to a driving under the influence (DUI) charge.
In Kentucky, the police can arrest you without the car ever moving. Understanding the law governing this matter is essential to your defense.
What Kentucky law says about the issue
Under state law, you can face a DUI charge if you operate or are in physical control of your car while impaired. However, the statute itself does not define this condition clearly. The Wells case bridged that gap by establishing a four-factor test, which includes:
- Your current condition: Were you awake or asleep when the police arrived?
- The car’s engine: Did you turn on the engine for heat or air conditioning?
- The car’s location: Did you park in a lot or in the middle of an intersection?
- Your intent: Were you trying to drive home or sleep off the alcohol?
With these factors, the court considers your state during that moment before determining the outcome of your case. If the judge decides that you are guilty, you can face license suspension, jail time and other penalties.
Prevention is key to avoiding trouble
The best way to avoid a DUI charge is to refrain from entering your car while impaired. While the four-factor test offers nuance, it does not function as a guarantee of an acquittal. Instead of sleeping in your car, it is advisable to ask a sober friend to drive you home or book a car using a ridesharing application.
If you have been arrested, understand that there is still hope. The four factors provide a framework for defense. Reaching out to an experienced attorney is the next best step to protecting yourself.