You almost always get a ride or call a taxi when you’ve been drinking, working hard to avoid DUI charges. You know that it’s illegal to drive under the influence. You could face criminal charges if you’re impaired by alcohol, marijuana or other substances.
However, what if you find yourself in a position where you need to wait before it will be safe for you to drive? Say that you have been spending time drinking with your friends, and everyone else leaves to drive home. As soon as you get in your car, you realize that you’re too intoxicated to drive. You decide to simply take a nap in the car, wait a few hours for your blood alcohol concentration to go down, and then drive. Could you still face legal trouble?
You could be arrested
Yes, you could still be arrested, even if you claim you were just sleeping in the car. If you are over the legal limit or clearly impaired and the police can show that you were in physical control of your vehicle, they have the legal grounds for a DUI arrest. It does not matter if the vehicle was actually moving at the time.
But were you in physical control of the vehicle? It may depend on the situation. If you put the keys in the glove box and sleep in the back seat, you may be able to demonstrate that you never intended to drive. But if you sleep in the driver’s seat with the keys in your pocket, the police may say that you were still in “physical control” of the vehicle. They may even think that you simply passed out while you were driving – and that you weren’t trying to take a nap at all.
People are surprised to be arrested for drunk driving in a car that isn’t moving, but it can happen. If it does, be sure you know what defense options you have.
