Winter in North Carolina isn’t that bad to the hoards of transplants from up North, but it can still be chilly come January and February. If you have been drinking, you should not sit in your car with the keys in the ignition to warm up while waiting for an Uber. If the police approach you, you could be charged with a DWI.
Merely sitting in the driver’s seat can be considered “operating” the vehicle, even if you are sleeping. This scenario frequently comes up when someone realizes they’ve had too much to drink, they take a nap in the driver’s seat with the keys in the ignition to keep the heat (or air conditioning) on, and someone calls the cops. The cops arrive, wake you up, and start performing standardized field sobriety tests. If you do not perform to the officer’s satisfaction, you will likely be arrested for driving while impaired and taken to jail.
The law seems ridiculous and unfair, and in many ways it is. That being said, if you are charged with a DWI in North Carolina, you absolutely need an attorney. DWIs can be complicated, and you need a lawyer who understands the laws surrounding impaired driving. An experienced DWI lawyer will comb through the police report, dash cam, and lab results (if all available) and honestly tell you if you have a feasible defense or if you should begin to prepare for sentencing mitigation.
If you have been charged with Driving While Impaired in Wake or Johnston County, contact Granados Law Group at 919-650-2851 for a free consultation. Our attorneys have handled many DWIs and know how to best prepare you for a trial or plea.