Picture this: You’ve had a few drinks and don’t feel safe driving home. Instead of getting behind the wheel, you decide to sleep it off in your car. It may seem like a responsible choice, but can you still get a DUI for sleeping in your car?
As Los Angeles DUI lawyers, we sometimes get this question. Yes, you can get a DUI for sleeping in your car, but it depends on the specific circumstances of your situation. We’ll explore when sleeping in your vehicle could lead to a DUI charge in California and what factors the police and prosecutors consider.
Understanding California’s DUI Laws
In California, you can be charged with a DUI if you’re found to be driving a vehicle while under the influence of alcohol or drugs. The key word here is “driving.”
However, the legal definition of driving is not limited to actively driving the vehicle. You can be considered “driving” if you voluntarily caused the car to move.
More rarely, if an officer believes you are drunk in a still vehicle that hasn’t been under active motion and you attempt to drive, you could get arrested for attempted DUI.
Factors That Determine Probable Cause
So, what factors constitute probable cause for being DUI while sleeping in a car? Courts consider several factors when determining whether someone sleeping in their car could drive. These include:
- Location of the vehicle: Was the car parked on the side of the road, in a parking lot, or on private property?
- Position of the keys: Were the keys in the ignition, or were they elsewhere in the vehicle?
- Placement of the driver: Was the person in the driver’s seat, passenger seat, or the back seat?
- Engine status: Was the engine running, or was it turned off?
- Lights: Were the headlights or interior lights turned on?
- Intoxication level: Was the person visibly intoxicated or over the legal blood alcohol concentration (BAC) limit?
The presence of one or more of these factors could lead law enforcement to believe that you were in control of the vehicle and had the ability to drive, even if you were asleep when the officers approached you.
Sleeping Situations That Could Lead to a DUI Charge
You cannot drive if you’re legally intoxicated, but if there is no clear evidence you moved your vehicle you cannot be charged.
Some common scenarios in which sleeping in your car could result in a DUI charge include:
- Pulling over to the side of the road and falling asleep with the engine running
- Sleeping in the driver’s seat with the keys in the ignition, even if the engine is off
- Sleeping in the vehicle with the headlights on or the radio playing
In these situations, the police may have probable cause to believe you were in actual physical control of the vehicle while under the influence. However, if there isn’t enough evidence to convict you of DUI there are other charges they may try to arrest you for like:
- Public intoxication, especially if you cannot care for your safety or you’re parked in a way that obstructs public ways.
- Open container laws if you have open bottles of alcohol in your car.
How to Avoid a DUI When Sleeping in Your Car
If you find yourself in a situation where you need to sleep off the effects of alcohol before driving, here are some steps you can take to minimize the risk of a DUI charge:
- Keep your car parked in a safe, legal location.
- Remove any alcohol containers from the vehicle.
- Turn off the engine and remove the keys from the ignition. Put them in your glove box or another place where they’re not reached easily.
- Move to the passenger seat or back seat to sleep.
- Avoid turning on the headlights or interior lights.
- If questioned by the police, politely decline to answer any questions and request to speak with an attorney.
While these precautions can help, they don’t guarantee you won’t face a DUI charge. If you’re arrested for a DUI while sleeping in your car, it’s crucial to seek legal representation immediately.
Defending Against a DUI Charge for Sleeping in Your Car
If you’re charged with a DUI for sleeping in your car, our experienced DUI attorneys can help. We’ll thoroughly review the circumstances of your case and develop a strong defense strategy. Some potential defenses include:
- Challenging the officer’s assertion that you were in actual physical control of the vehicle.
- Arguing that you had no intent to drive and were using the car as a temporary shelter.
- Questioning the accuracy of BAC tests or the legality of the arrest.
Our goal is to reduce your charges or get them dismissed to minimize their impact on your life and future.
Get Help From Los Angeles DUI Lawyer
Facing a DUI charge, even if you were only sleeping in your car, can be overwhelming and stressful. At Los Angeles DUI Lawyer, we understand the complexities of these cases and are committed to protecting your rights. We’ll work tirelessly to achieve the best possible outcome for your unique situation.
If you’ve been arrested for a DUI while sleeping in your vehicle, don’t wait to seek legal help. Contact us today for a confidential consultation. We’ll listen to your story, explain your options, and develop a tailored defense strategy. With our skilled DUI attorneys by your side, you can face this challenging time with confidence.
