Most drunk-driving cases are cut and dry. A driver has too many, gets behind the wheel, and presto: a DUI. It’s a dangerous and unfortunate reality of the road. However, not every case is so clear, like a recent drunk-driving arrest wherein a Massachusetts man was intoxicated in a makeshift RV. Now, the Massachusetts Supreme Court is debating DUI law in a world of driverless cars, push-to-start ignitions, and recreational vehicles. 

A recent DUI case has American courts rethinking drunk-driving laws, including drinking in an RV

Michael Wurtzberger was sitting in a rented U-Haul to camp on the coast of Cape Cod and do some fishing. Police found Wurtzberger and his friend parked illegally in the U-Haul after days of using the rental like an RV for their trip. However, rather than slapping Wurtzberger with a hefty citation for his parking job, they charged him with a DUI.

Wurtzberger admitted to police that he had consumed four beers when officers found him. Candor goes a long way, but they also found the two fishermen with vodka bottles. He was also in the driver’s seat of the U-Haul with the keys in the ignition. To make matters worse, Wurtzberger had prior DUI arrests.

So, Wurtzberger’s odd fishing trip ended with a three and a half year sentence. But it raised a few questions about DUI law and how it pertains to RVs and other unconventional circumstances.

The Massachusetts Supreme Court argued over the law

According to the Courthouse News Service, Wurtzberger’s appeal stated that he wasn’t “operating” anything at the time. In response, Justice Scott Kafker of the Massachusetts Supreme Court raised questions about people living in their cars. “Suppose a homeless family is parked in a parking lot. The transmission is on because it’s cold. And they’re drinking,” Kafker asked.

Assuming Kafker meant “engine,” his colleague responded bluntly. “That would be a conviction,” Assistant District Attorney Rose-Ellen El Khoury said. Wurtzberger’s lawyer, Genevieve Henrique, argued that things shouldn’t be quite so straightforward. “Times have changed a lot since 1928. We have recreational vehicles. We have driverless cars,” Henrique added. Henrique also suggested that the law “never intended to criminalize” drinking in an RV.

Still, the specifics of your camping adventure could be the difference between a DUI and a memorable experience. Some RV parks and campsites will allow you to drink responsibly. That is, while your vehicle is stationary, your keys aren’t in the ignition, and you aren’t sleeping in the driver’s seat. Lipp Law LLC holds that campers, especially in cars and smaller vehicles, should keep their keys out of reach, avoid sleeping in the driver’s seat, and make it as clear as possible that they weren’t driving and don’t intend to drive.