You didn’t want to get arrested for drunk driving, but you knew you’d had too much to drink. You thought about calling a cab, but your car was still at the place where you’d been drinking, so you didn’t just want to leave it there.
The solution you came up with was to get in your car and sleep until you felt like you were sober enough to drive safely. Maybe you just decided to sleep all night in their car and go home the next day. Can you still get a DUI if the police find you doing this?
It can happen in some situations
There are scenarios where the police will give out DUI charges to people who are intoxicated and sleeping in the car. The problem is that these individuals have often been driving and then pulled over to sleep, meaning that they were driving while they were intoxicated. The police may also believe that they intentionally pulled over and pretended to sleep to avoid a DUI or that they actually passed out because they were so intoxicated.
If you are going to do this, it’s important to make it very obvious that you’re actually asleep and that you were not driving while you were under the influence. You could do things like sleeping in the backseat instead of the front driver’s seat or taking the keys out of the ignition and putting them in the glove box.
While these steps can help, they don’t guarantee you won’t find yourself facing DUI charges. Make sure you understand all of your defense options if you are.