Missouri Supreme Court Rules: Despite Change in Statute, Sleeping It off behind the Wheel Is Still Not an Option

When one thinks of drunk driving, one usually imagines a person careening down the road, putting the lives of other motorists in danger. However, an intoxicated person may be subject to the same drunk driving sanctions simply by sitting, sleeping, or passing out in the driver’s seat after turning on the motor. In Cox v. Director of Revenue, the Missouri Supreme Court upheld a driver’s license revocation on just those facts, holding that when a driver is in a vehicle and the motor is running, there is probable cause to believe that he is “operating” the vehicle even if he is asleep or unconscious. However, the court further held that the act to turning off the motor is not “operating.”