Mark Thompson DUI/DWI Law Blog on Lawyers.com

As I have stated elsewhere on my website, the Iowa legislature has decided to call our drunk driving offense “OWI” for Operating While Intoxicated, (also called Operating While under the Influence) as opposed to many other jurisdictions which use the term “DUI” for Driving Under the Influence.

Part of the reason for the “Operating” distinction is that a defendant does not have to actually be driving anything to be found guilty of this offense.

With this terribly cold winter there have been more and more cases of people operating motor vehicles as opposed to driving them. What does this mean?

Essentially, if a person has placed the keys in the ignition of a motor vehicle, then he is “operating” it. The car can be parked in a parking ramp, a street spot or even a private residence. The intention of placing the keys in the ignition is not relevant to the offense. If the defendant proves that he did not drive the vehicle, and only placed the key in the ignition to operate the heater to stay warm, he would still be operating the vehicle. Again, the intention is not relevant.

Of course, the other factor that must be present to be guilty of the OWI offense is that the defendant must be intoxicated. Many people are more familiar with what the State must prove to show intoxication.

This winter has caught many citizens off-guard with their choices to operate a car’s heater and “sleep it off” before driving home.

So what should you do in this situation? Obviously the best choice is to find another place to sleep it off. However, if you are stuck and must sleep in your car, do not place the keys in the ignition if you wish to avoid an OWI charge. Certainly with this terrible winter weather sleeping in a car without the heater on could be deadly, so at this time of the year there are no good results once you enter that automobile while intoxicated.

Plan ahead and if you plan on becoming intoxicated, arrange for a cab or a DD to take you back home. Sleeping it off with the key in the ignition is a quick way for a 3:00 a.m. prowling cop to bust you for an easy OWI.

Stuck with a DUI / OWI in Iowa, please visit www.thompsonjustice.com for more information.