After having a few too many drinks and realizing it is not safe to drive home, some people might think that sleeping in their car until they sober up is a safe solution. But can sleeping it off in a car truly help you avoid a driving under the influence (DUI) charge?
In most cases, the answer is no. In Pennsylvania, individuals with a blood alcohol concentration (BAC) at or above 0.08% can encounter DUI charges. However, it is important to note that DUI charges are not solely about operating a vehicle.
You can get a DUI even if your car is not moving
The law considers whether you have “actual physical control” of the vehicle. This means that even if you are just sitting in the driver’s seat with the keys and not actually driving, it could still lead to an arrest. The court often considers:
- Keys in the ignition: The presence of keys in the ignition shows your capability to start the vehicle.
- Driver’s seat: Occupying the driver’s seat may suggest control over the automobile.
- Engine running: An active engine can signify you can drive at any moment.
- Location of the car: Parking in public areas or along the roadside could potentially draw the attention of law enforcement.
The law aims to prevent any danger to public safety. Sleeping in your car while intoxicated poses a risk because another vehicle might hit you, or you could cause an accident when you wake up and attempt to drive.
These factors could be sufficient to charge you with a DUI. If convicted, you may face fines, license suspension, mandatory alcohol safety school and possible jail time.
There are more viable options
If you are too impaired to drive, it is best to find a safe place to stay. Many also consider arranging for a designated driver, using a ride-sharing service or calling a taxi as safer alternatives.
When confronted with a DUI charge, obtaining the help of a skilled attorney is advisable. Their experience can be instrumental in challenging the arrest and safeguarding your future.