Can you be charged with DWI in NY while car is parked?

It’s a scenario we’ve heard countless times from clients at our Hempstead office. You’ve had a few drinks at a bar in Rockville Centre or a friend’s house in Massapequa. Knowing you’re in no condition to drive, you make what you believe is the responsible choice: to “sleep it off” in your car until you’re sober. The engine is off, the car is parked, and the keys are in your pocket. Suddenly, you’re awakened by a tapping on your window from a Nassau County police officer.

Next thing you know, you’re being arrested for Driving While Intoxicated (DWI). Your immediate, and perfectly logical, reaction is, “But I wasn’t driving! The car wasn’t even running!”

This is one of the most significant and costly misunderstandings of New York’s DWI laws. At Hochhauser Criminal and DWI Defense, we want to make one thing clear: You absolutely can be charged and convicted of DWI in Nassau County even if your car is not running.

The Critical Legal Term: “Operation”

The confusion stems from the title of the offense itself—Driving While Intoxicated. However, New York’s Vehicle and Traffic Law (VTL) § 1192 makes it illegal to operate a motor vehicle while intoxicated. The legal definition of “operation” is far broader than just “driving.”

In New York, courts have established that you can be deemed to be “operating” a vehicle if you are sitting behind the wheel with the intent to drive. The prosecution, led by the Nassau County District Attorney’s Office, doesn’t need to prove the car was in motion. They only need to prove your intention to cause the vehicle to move.

Prosecutors can build a case for “operation” based on circumstantial evidence, such as:

• Keys in the ignition, even if the engine is off.
• The engine being warm to the touch.
• You being awake in the driver’s seat.
• The car’s lights being on.
• Your own statements to the police (e.g., “I was just about to leave”).

Common Scenarios That Lead to a “Parked Car” DWI on Long Island

Nassau County police are known for their aggressive DWI enforcement, with patrols actively looking for impaired drivers on roads like the Sunrise Highway and the Southern State Parkway, as well as in parking lots outside bars and restaurants. Some common situations that lead to these arrests include:

• Sleeping in the Driver’s Seat: Deciding to sleep in your car in a parking lot is a major risk. If the keys are accessible (in the ignition, on the seat, or even in your pocket), an officer can argue you had the intent to operate the vehicle.
• Listening to the Radio: Sitting in your parked car to listen to music or charge your phone with the engine off but the key in the “accessory” position can be considered operation.
• Waiting for a Friend: Pulling over to the side of the road to wait for someone and turning the car off can still result in a DWI if an officer approaches and determines you are intoxicated.

The Stakes are Too High to Assume You’re Safe

A DWI conviction is not a simple traffic ticket; it is a serious criminal offense. Even a first-time offense can result in:

• A permanent criminal record
• Mandatory license revocation for at least six months
• Significant fines and surcharges
• Installation of an Ignition Interlock Device on your vehicle
• Potential jail time of up to one year

Given these severe consequences, fighting the charge is essential.

How a Top Nassau County DWI Defense Attorney Can Help

Challenging the element of “operation” is a key defense strategy in these cases, and it requires a deep understanding of New York DWI law and local court procedures. At Hochhauser Criminal and DWI Defense, we know how to fight these specific types of cases. As a former Nassau County prosecutor, Richard Hochhauser understands the tactics the DA’s office will use and how to counter them.

Our criminal defense strategy may involve:

• Filing motions to challenge the legality of the police interaction: Did the officer have a valid reason to approach your parked car in the first place?
• Disputing the evidence of “intent”: We will argue that your actions demonstrated an intent not to drive, such as reclining the seat to sleep or having the keys out of the ignition.
• Scrutinizing the results of field sobriety tests and breathalyzer tests: We will examine every aspect of the arrest to ensure your rights were not violated.

If you have been arrested for DWI in Nassau County under any circumstances, but especially in a case where your car was not running, do not plead guilty. You have rights, and you may have a strong defense.

Contact us at our Hempstead office for a free, confidential consultation. Call us 24/7 at (516) 939-1529 to speak with an experienced attorney who can protect your license, your freedom, and your future.