When bars close down for the night, workers often advise patrons that they don’t necessarily have to go home, but they can no longer stay at the establishment. Some people who have had too much to drink may not be sober enough to drive home when closing time arrives.
Their blood alcohol concentration (BAC) could still be well over the legal limit. People who know they shouldn’t drive because they have had too much to drink have to make difficult decisions. Should they call for a taxi and then make arrangements to get back to their vehicle in the morning? Should they reach out to friends or family members who might be asleep?
Some people try to sleep off alcohol in their vehicles and then drive home when they wake up sober. What those people may not realize is that they are at risk of getting driving under the influence (DUI) charges even if they don’t turn the vehicle on and drive.
Sleeping in a vehicle while drunk is risky
Sleeping in a vehicle in general can be a dangerous choice. Whether someone is in a parking lot or on the side of the road, they are vulnerable to criminal activity and collisions. Someone could hit the vehicle while they are sleeping and seriously injure the person inside. Criminals might break into the vehicle to steal it with major consequences for the unconscious occupant.
There is also the possibility of a police officer happening upon the sleeping motorist. People often assume that if they are asleep and the vehicle isn’t turned on, then they aren’t at risk of a DUI charge.
However, state law and precedent set by prior court rulings allow for the prosecution of individuals who are under the influence but not actively driving. Simply being in control of a vehicle is adequate reason for the state to pursue DUI charges.
Having the keys and being in the vehicle can be enough to warrant DUI allegations because the individual has control of the vehicle and can drive at any time. Anyone found inside a vehicle and in possession of its keys while under the influence could very well be at risk of DUI prosecution.
Seemingly small mistakes can lead to major criminal consequences. Motorists accused of DUI offenses may be able to defend against their charges with the right strategy. Reviewing the situation that led to their arrest can help defendants explore their options for fighting pending DUI charges.