Could James Bouknight still have been charged with a DWI if his car wasn’t running?
.JPG "Charlotte Hornets guard James Bouknight was arrested and hit with a DWI charge after he was found sleeping in his car in an uptown parking deck with a gun.")
Charlotte Hornets guard James Bouknight was arrested Sunday after he was found in an uptown parking deck asleep in his car, The Charlotte Observer reported.
Arrest records from the Mecklenburg County Sheriff’s Office show he was booked on complaints of driving while impaired. He is also accused of hitting two police vehicles before his car was discovered near the Stonewall Station light rail stop just before 1 a.m. Sunday, WSOC reported.
According to the North Carolina Department of Public Safety, it is illegal to drive while “noticeably impaired or with an alcohol concentration of 0.08 or higher.” Bouknight’s blood alcohol content was tested at the scene and revealed a concentration of 0.14, twice the legal limit, WSOC reported.
Was Bouknight technically “operating” his vehicle if he was asleep?
The Mecklenburg County Sheriff’s Office said Bouknight had been driving while impaired because his vehicle was positioned in “drive” when discovered by police.
But, suppose Bouknight didn’t crash into other vehicles and his car was parked and turned off. Would he still have been arrested for driving under the influence? Several legal experts in North Carolina say yes.
You can still be charged with a DWI, even if you aren’t driving
Pork Law PLLC, a criminal defense and personal injury firm based in Raleigh, explained that people often misunderstand the true meaning of driving while impaired.
“You don’t have to be ‘driving’ your car, in the way most people think of driving, to be charged with a DWI,” Pork Law stated on its website. “Some law enforcement officers and prosecutors believe that when a person is found drunk in their parked car, they likely were driving while intoxicated beforehand.”
Another North Carolina law firm, Sandman, Finn & Fitzhugh, also in Raleigh, strongly advises that drivers avoid getting into their cars if they have been drinking.
Sandman, Finn & Fitzhugh suggested requesting a ride from Uber or Lyft or asking a sober friend, or calling a family member for a ride. If these suggestions aren’t an option, the law firm recommends placing keys in a secure spot and moving from the driver’s seat.
“If you wind up in your car, place your keys in the glove box or under the front seat, and then get in the back seat,” the law firm stated. “A DWI lawyer could later argue that you could not have operated the vehicle, even if you wanted to.”
North Carolina drunk driving laws at a glance
NC DPS outlines five levels of misdemeanor “driving while intoxicated” with Level I being the most serious and Level V holding the least weight.
Level V — Punishable by a fine of up to $200, a minimum jail sentence of 24 hours and a maximum of 60 days.
Level IV — Punishable by a fine of up to $500, a minimum jail sentence of 48 hours and a maximum of 120 days.
Level III — Punishable by a fine of up to $1,000, a minimum jail sentence of 72 hours and a maximum of six months.
Level II — Punishable by a fine of up to $2,000, a minimum jail sentence of seven days and a maximum of one year.
Level I — Punishable by a fine of up to $4,000, a minimum jail sentence of 30 days and a maximum of two years. A North Carolina judge cannot suspend the minimum sentence for this offense as opposed to Level II through V.
By definition, Level I and II drivers can be repeat offenders, anyone whose license has been revoked, an impaired driver, a driver who was transporting young children while intoxicated and impaired drivers who hurt someone else in a crash.
This story was originally published October 20, 2022 at 6:00 AM with the headline "Could James Bouknight still have been charged with a DWI if his car wasn’t running?."
