can you get a dui while sleeping in your car

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Can You Get a DUI While Sleeping in Your Car?

Getting behind the wheel or being placed in physical control of a vehicle while under the influence of alcohol can lead to serious penalties and repercussions. One of the most common questions asked is whether or not there’s a chance of getting a DUI if you’re simply sleeping in a car.

Possible Situations

It’s important to consider the possible circumstances and salient details of the event that took place prior to your sleep and how that could factor into the court’s determination. This means you can face charges if:

  • You were previously operating the vehicle while intoxicated – It’s possible to face charges if it can be proven that you were previously driving the vehicle and were intoxicated before you decided to sleep in it.
  • You were in direct control of the car – If you’re in direct control of the vehicle this means that you are either sitting in the driver’s seat with the keys in the ignition or placing your hand or body inside the car.
  • You have the intention to drive – Even if you’re not actively driving, intent is important when it comes to determining whether you were in control of the car or not. So if you are sleeping in the car with the intention of driving, this can lead to DUI charges.

Consult an Attorney

It’s always best to consult an attorney when it comes to DUI cases. An experienced lawyer can review your case and advise you on the best course of action. So if you or someone you know has been charged with a DUI while sleeping in their car, consider seeking legal counsel.