As a Howard County DUI practitioner I have handled countless cases where people have attempted to use their vehicle to sleep off a rough night of drinking and found themselves charged with DUI/DWI.Is is critically important to understand that “driving” for purposes of DUI law is not the same as “driving” in the classic sense of the word. The definition of driving, for legal purposes, is being in “actual physical control” of a vehicle. In this definition, the Maryland Legislature intended to differentiate between those inebriated people who represent no threat to the public because they are only using their vehicles as shelters until they are able to soberly drive, and those people who represent an imminent threat to the public by reason of their control of the vehicle. The benchmark Maryland case of Atkinson v. State, 331 Md. 199 (1992), describes six factors to consider when determining of one is in “actual physical control” of a vehicle:
1. Whether or not the engine is running or the ignition is on (strongest factor)
2. Whether and in what position the person is found in the vehicle
3. Whether the person is awake or asleep
4. Where the vehicle’s ignition key is located
5. Where the vehicle’s headlights are on
6. Whether the vehicle is located in the roadway or is legally parked
Thus, it is clear from the factors above, that one can be charged and convicted of DUI/DWI in Maryland without ever actually moving his or her vehicle. Getting into a cars driver’s seat, turning on the engine for heat, and falling asleep while drunk is technically, legally, driving under the influence or impaired by alcohol in Maryland.The only sure way to avoid a drinking and driving charge in Maryland is to avoid getting into a vehicle with any alcohol in your system.
Article written by Dave Z., Associate Attorney at the law firm of Shapiro & Mack - Howard County, Maryland’s, top Criminal Defense firm. David. also trains and competes in Brazilian Jiu Jitsu at Baltimore MMA school, Crazy 88 Brazilian Jiu Jitsu.