Can You Get an OWI While Parked? The Story of Ruby and the Hiegel Standard
Ethical Note: To protect client confidentiality, names and specific identifying details in this story have been changed. This post is for educational purposes and does not constitute legal advice.
In my first year of criminal law practice, I met Ruby. Ruby was a dedicated educator—the kind of person who spent her weekends grading papers and her heart on her students. But when she sat in my office, she was distraught. She had just been arrested for an Operating While Intoxicated (OWI) charge, and she was terrified. If she was convicted, she wouldn't just face a fine; she could lose her career, her license, and her future.
The Fateful Decision to “Sleep it Off”
Her story is one I see far too often. She had been at a social gathering and realized she’d had one drink too many. Making the responsible choice not to drive, she decided to sleep in her car until morning. Because the temperature was below freezing, she started the engine to keep the heater running.
When a well-meaning neighbor called for a welfare check, the responding officer didn't see a responsible person making a safe choice—he saw someone in "actual physical control" of a vehicle while over the legal blood alcohol limit. Ruby was arrested on the spot.
Ruby was convinced she had no defense because her BAC level was high. But in criminal law, the facts are only half the story; the other half is how the law is applied. I told her what I tell all my clients: My job is to mitigate the harm, but we "swing for the fences" whenever the law allows.
The Legal Reality: "Operating" vs. "Sheltering"
Most people assume that an OWI requires the car to be in motion. However, Indiana law focuses on whether a person "operated" the vehicle. In stationary cases, the finder of fact must determine if you exerted the requisite intent or effort to operate the car.
The Hiegel Standard: A Shield for the Responsible
Our defense in cases like Ruby’s often relies on the landmark case Hiegel v. State. In that case, the court ruled that merely starting the engine is not sufficient evidence to sustain an OWI conviction. The court recognized that a person might start a car simply to use the heater while waiting for the effects of alcohol to subside.
The Four-Factor Test
To decide if you were truly "operating" a parked car, Indiana courts look at a "fact-sensitive inquiry" involving four factors:
Awake vs. Asleep: Was the person conscious or sleeping behind the wheel?
Engine Running: Was the motor on?
Location: Was the car in a travel lane, or was it parked legally where visitors usually park?
Intent: Did the person intend to drive, or were they merely seeking warmth?
Why the "Where" Matters
As seen in the Mordacq case, if a vehicle is parked on the side of the street and not in the travel portion of the roadway, it strongly supports the argument that the driver was not "operating". Conversely, if a car is found halfway in the street or in a highway median, the court is more likely to infer that you drove it there while intoxicated.
Have You Been Charged with an OWI While Parked?
The law is often "black and white," but life is lived in the gray areas. Ruby’s case is a reminder that even when you try to do the right thing, you can still get caught up in the gears of the legal system. You deserve an advocate who understands the nuances of Indiana’s "Stationary OWI" precedents.
Don't plead guilty before knowing your rights. If you were arrested while sleeping in your car or while parked in Marion County or the surrounding areas, we are here to help you "swing for the fences."
or call our Indianapolis office today at (317) 832-1182. Let’s build your defense together.