You are likely aware of the consequences of driving while intoxicated. Therefore, you plan to get into your car, take a nap and drive home when you’re sober.
While it may seem like the responsible choice, it’s still a legal risk. Here’s why you shouldn’t “sleep it off” in your car, along with safer alternatives.
Actual physical control statute
Even if you’re not driving, you could still get a DUI under certain conditions. Georgia prohibits anyone from being in “actual physical control” of a vehicle while under the influence. But how can you be in control of your car if you are sleeping?
It comes down to the definition and interpretation of “actual physical control” by the courts. Based on various circumstances, you could have the ability to drive while under the influence.
Here are some factors that could determine if you have “actual physical control”:
- Where are you sleeping? Are you reclining in the driver’s seat or lying on the back seat? Being in the front seat could be interpreted as an intent to drive.
- Where are your keys? Are they in the glove box or your hand? They may already be in the ignition, so you can start the car to warm it up or listen to the radio. If your keys are easily accessible or already in the ignition, you have the ability to operate the vehicle immediately.
In other words, even if you weren’t driving, being capable of doing so can establish control.
So, what are some better alternatives than sleeping it off in your vehicle? You probably already know to have a designated driver if you’re planning on a night out. But it’s not unusual to have a spontaneous get-together with a couple of friends or colleagues after work. You planned to have one drink before heading home, but you were enjoying yourself and time slipped by. Rideshare services, such as Uber and Lyft, can provide a safe ride home. Alternatively, consider contacting a friend for a ride or a place to stay.
If you have been charged with a DUI because you were sleeping in your vehicle, you need to contact a legal representative. They can evaluate the circumstances of your arrest and may be able to get the charges reduced or dismissed.