Could I Get a DUI from Sleeping in My Car?

Many of us have been in the very familiar situation of deciding whether or not it's safe to drive after having a few drinks.

Picture this scenario. You drive to a friend's house, you party and ended up having more to drink than you planned to. The party is over. You wanna stay but they have no room for you to crash. So, you then decide to do the "safe" thing and sleep in your car.

Is this the right solution for this situation? Believe it or not, in most states, you actually could get a DUI for just sitting or sleeping in a parked vehicle while under the influence of alcohol or marijuana.

A lot of us already know the consequences and dangers of driving intoxicated. When getting behind the wheel buzzed, it puts your life and other driver's lives in danger, and it's responsible for over 10,874 traffic-related deaths according to NHTSA. Fiol law group's personal injury lawyers in Tampa, FL report that an estimate of 28 people a day die from an intoxicated driving incident.

So, would it be the safest solution to sleep in a vehicle until you are sober enough to drive? How is an intoxicated driver a threat if they are not going anywhere? You may not be hurting anybody, but you still run the risk of getting yourself in trouble with the law.

Why Would an Officer Give You A DUI if You Weren't Driving?

Giphy


D.U.I. stands for "driving" under the influence, right? If you were not driving or had no plan of driving in the first place, why would the highway patrol come a knockin' and land you a citation?

The charge all depends on the elements of what the police find to determine a DUI or DWI charge. Basically, these are factors that are evidence which determine whether or not you actually could have been driving before you pulled over and stopped. It's difficult for an officer to make heads or tails of what you did if he finds you passed out in the driver's seat, parked on the side of the road with your keys in the ignition. But in this particular scene, you appear to have the intent to drive which is enough evidence to get you hit with a DUI.

Appearing With the Intention to Drive.

https://giphy.com/explore/pulled-over


In other words, you seemed like you were planning to operate a vehicle while intoxicated. Here are visual indicators that could raise suspicion when an officer shows up to the scene. These factors are what police officers can use against you when charging you with intoxicated driving:

  • Sitting in the driver's seat
  • Key's in the Ignition
  • Headlights on
  • Seatbelt On
  • Car is running

Pointing out these factors could even be enough evidence for a prosecuting DUI lawyer to prove that you were operating the vehicle without prosecutor or the officer actually witnessing you actually doing it.

What if You Made it Perfectly Obvious That You Had No Intent to Drive?

https://giphy.com/gifs/cbc-funny-comedy-26gsbQoZeh4Eoao3S


I've heard friends of friends tell me stories about ways to avoid police convictions if you choose to "sleep it off" in the car. Most people believe the more you make it look like you had no intent to drive the better. I've heard dozens of theoretical solutions like, sleeping in the back seat or sleeping with the keys on the roof of your car is enough proof get off scot-free.

This is such a grey area thing though. In the end, the only true solution to avoiding a DUI arrest and court time one hundred percent of the time is to either:

  • Sleep in a hotel or private location (would not recommend a public area, that's another legal issue)
  • Hailing a cab or a rideshare

Rule of thumb: never go near a car when intoxicated, unless that car happens to belong to your Uber driver or DD.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Swoon

119 People Reveal How The Pandemic Has Affected Their Love Lives, And Honestly... Relatable

"I haven't been able to get out of the 'talking phase' with anyone."

The reality is, there's no part of life the pandemic hasn't affected. Whether it's your work life, your home life, your social life, or your love life, coronavirus (COVID-19) is wreaking havoc on just about everything — not to mention people's health.

When it comes to romance, in particular, people are all handling things differently and there's no "right way" of making it through, regardless of your relationship status (single, taken, married, divorced, you name it). So, some of Swoon's creators sought out to hear from various individuals on how exactly their love lives have been affected since quarantine began.

Keep Reading... Show less
Politics and Activism

Dear Closeted Latina,

You were never alone.

Remember how the Latin world got rocked when Ricky Martin came out?

Keep Reading... Show less
Featured

What's Coming To And Leaving Netflix In August For Your Summer Viewing Pleasure

Just in time for another your end of summer binge-watch list.

Flower Films, Warner Bros, New Line Cinema

August is here, which means we will be losing some of our Netflix favorites but gaining some new ones. Here is a list of TV shows and movies we will be losing and gaining on Netflix during August.

Keep Reading... Show less
Health and Wellness

Living With Bipolar Disorder Is An Everyday Battle, But I'm Fighting It

I went from depression, to anxiety, to bipolar disorder.

I've thought about how to write this since my diagnosis. I've thought about what kind of feelings it might bring up from my mom, former friends, and even myself. I've rewritten it a thousand times in my head, but never could quite get the words onto my notepad, but tonight I'm going to sit down and write it.

Keep Reading... Show less
Politics and Activism

There's No Reason To Delay The 2020 Election Because Mail-In Votes Count Just The Same

Plus, Trump can't actually the delay the election even if he tried.

Donald Trump started Thursday out in a fury, taking to Twitter to suggest the 2020 election be delayed.

Keep Reading... Show less

The Caribbean is a place where people go for vacation, but if you set out from a cruise ship you miss out on all the beautiful culture. Their exotic beaches are nothing without their zinging food and hospitality. Locals in the Caribbean are warmhearted with a zest to live life to the fullest.

This is exactly where most of their words and phrases come from, having a good time. I definitely enjoyed myself living in the Caribbean, but it's not always about lounging. They get work done too and I've learned proper phrases for accomplishments.

Keep Reading... Show less

According to Urban Dictionary, a "simp" is defined as "a man that puts himself in a subservient/submissive position under women in the hopes of winning them over, without the female bringing anything to the table." There are many other definitions for a "simp," but basically it's shaming men who are kind to women without getting anything in return.

Let's just stop attacking nice men. Work out your own issues, don't project your shortcomings onto another man. What happened to the brotherhood? Y'all can lie for each other, but can't raise each other up? You guys can encourage murder, gang rape, and violence against women — or at least stay silent about it — but can't let your brother know it ain't cool when they bring you down for being nice to women with no expectation?

Keep Reading... Show less
Health and Wellness

Self-Love Is The Best Love, That's Just How It Is

Do you ever feel like you can't please everyone? Self-love will do the trick.

I've been feeling a little down lately, with the understanding that friends don't last forever and that I can't always please my parents. Life has been rough for everyone lately and it's not easy to stay happy and optimistic during these times. But I promise you, you are on this earth for a reason. You are here because God formed you, to love, and to be loved.

When things are tough, realize that you have yourself always. No one can take that away from you. You will always be you. No matter who you are, what you believe, or where you've been in life, at the end of the day, you are you. You can love you, therefore giving you one reason to stay here on this Earth.

Keep Reading... Show less
Health and Wellness

Nobody Wants To Grieve, But That's The Price We Pay For Love

Grief never comes when you think it should. It comes when a certain song comes on or the sun shines through the window just right.

Death always seems to come when life is good and everything starts to be going alright. And then out of nowhere, you're reminded of how cruel life can be. The stages of grief don't always go in order, they come in waves or all at once. Grief never comes when you think it should. It comes when a certain song comes on or the sun shines through the window just right. I take comfort in the fact that everyone experiences grief, even when you feel all alone knowing that everyone goes through a process that helps a little bit.

Keep Reading... Show less
Lifestyle

I'm A Black, Gay Fashion Lover Who Grew Up In The South, And I Want To Be A Beacon For The Future

Giving your life story is never easy, but it can be, if you want to make a difference.

Jacorey Moon

Growing up in Georgia was not always the accepting place we know it to be today thanks to Atlanta. Let me preface this by saying, I had a pretty good life growing up. I was raised by a single mother who sacrificed so that I could live the life that I lived. I was spoiled rotten. One way that my mother spoiled me was through clothing.

Keep Reading... Show less
Lifestyle

These 10 Black Women Were Our 2000s Fashion Icons — We're Still Replicating Their Looks Now

We recollect on some of the Black stars who served as fashion icons during the 2000s.

When we talk about the 2000s, it's always filled with nostalgia. For most of us, we grew up during that era with the razr flip phones or sidekicks, and decade staple designers like Juicy Couture, Von Dutch, and Ed Hardy. It was time of daring fashion choices and red carpets that we now look back on and say, "what were they wearing?"

A sector of people that exemplifies the fashion icons who ruled the 2000s, were Black women. So, I feel as though it's my duty to shine light on these fashion icons. Here they are:

Keep Reading... Show less
Facebook Comments