Generally speaking, most DUI offenses occur when someone is actively operating their vehicle. A police officer may see signs of impairment in the way that they are driving, giving them reasonable suspicion to stop the car. The officer then administers a breath test, which shows that the driver is over the legal limit.
As such, people sometimes believe that they are safe from DUI charges as long as the car is not in motion. But it is actually possible to face charges even when not actively driving. For instance, someone who is sleeping in their car after an evening of heavy drinking could still be arrested for a DUI.
How the law is written in Mississippi
The law in Mississippi states that it is illegal for someone to “drive or otherwise operate” their vehicle while under the influence. As such, if the police believe that the person was in actual control of the vehicle and had the ability to operate it, they could still face charges.
Someone who is sleeping in a running car with the keys in the ignition, while sitting in the driver’s seat, for instance, could still be arrested. They may argue that they were not driving at the time, but the police will counter by saying that they were still operating the vehicle and were in a position where driving was possible, or where it had likely occurred shortly in the past.
These cases can become complicated, and DUI charges can have a major impact on a person’s future, so it is important for them to know what legal defense options they have.
