And while it may seem like a safe and responsible decision to sleep in your car after a night of drinking, you may actually still be at risk of getting a DUI. In many states, it is possible to get a DUI even if you are sleeping in your car. This is because the laws around DUIs are often focused on the individual’s ability to operate a vehicle, rather than their actual actions at the time of being stopped by law enforcement.
One of the main factors that law enforcement will consider when determining if you are guilty of a DUI while sleeping in your car is whether or not you have the keys in the ignition. Even if you are not actively driving the vehicle, having the keys in the ignition can be enough for you to be charged with a DUI. This is because having the keys in the ignition shows that you have the capability to operate the vehicle, even if you are currently not doing so.
Another factor that law enforcement will take into account is your level of intoxication. If you are found to be intoxicated while sleeping in your car, you may still be charged with a DUI. In many states, the legal limit for blood alcohol concentration (BAC) is 0.08%, so if your BAC is above this level, even if you are not actively driving, you could still be charged with a DUI.
Additionally, law enforcement will consider the overall circumstances of the situation when determining whether or not to charge you with a DUI. If you are parked in a public place, such as a parking lot or on the side of the road, you may be more likely to be charged with a DUI than if you are parked in a private driveway or on private property. This is because being in a public place while intoxicated can pose a risk to both yourself and others on the road, even if you are not actively driving.
In some cases, individuals who are sleeping in their car after a night of drinking may be able to avoid a DUI charge if they can prove that they had no intention of driving while intoxicated. This may involve showing that you had made arrangements for a sober driver to pick you up or that you had called a taxi or rideshare service to take you home before falling asleep in your car. However, this can be difficult to prove and may not always be enough to avoid a DUI charge.
Overall, it is important to remember that sleeping in your car after drinking is not a foolproof way to avoid a DUI charge. If you find yourself in a situation where you are too intoxicated to drive, it is best to find a safe way to get home that does not involve sleeping in your car. This can help to protect yourself and others on the road from the potential dangers of driving under the influence.