There has been much discussion about what the correct outcome of the Sims case should be. In Sims, the Court of Appeals relied upon prior precedent, ruling that one doesn’t have to be actually driving their automobile to be convicted of DWI.
Here’s my solution: the Court should rule that the defendant was not driving if the car’s engine was never in gear. Then, the legislature should create a new law called “operating a motor vehicle while intoxicated.” Operating a motor vehicle should carry a jail sentence of 0-5 days and up to a $300.00 fine with no administrative effect towards their driving history (no affect on their driver’s license). A law like that would encourage people who are feeling intoxicated to pull over on the side of the road and rest instead of the current law that encourages people to risk getting a DWI trying to get home safely. Other states have already enacted similar laws and it appears to be a good solution to a very real problem.