Can I Sleep in the Car While Drunk?

Photo of an arrest taking placeYou’ve had too much to drink at the bar after driving there, and you no longer feel sober enough to drive. You’re miles away from home, so calling an uber would be too expensive. Why not just sleep in the car until you sober up? Well, it turns out there’s more risks to that than you might think.

Precautions to Take Before You Sleep in Your Car Drunk

  • Don’t leave your keys in the ignition – This one is pretty obvious. What’s an officer supposed to think if he sees you asleep at the wheel while drunk, with the keys in the ignition?
  • Don’t sleep in the driver’s seat – To a cop who’s pulling up, it looks like you’re drunk at the wheel. And technically, you are. Why give an officer probable cause to arrest you for a DUI? Sleeping in the driver’s seat gives him that.
  • Don’t park on the side of the road – Your car is parked on the side of the road. An officer pulls up behind you and knocks on your window. When you roll it down, he smells the alcohol coming off your body. From this, he could deduce that you were drunk when you pulled over and arrest you for a DUI.

This goes without saying, but the best way to avoid getting arrested for sleeping in your car drunk is to not do it. Prepare before you plan on drinking. Take an Uber there or have a friend act as a designated driver. If law enforcement charged you with a DUI for sleeping in your car, or for any other reason, you should contact a local criminal lawyer.

Julian, Crowder and Shuster is a firm of Lewisville criminal lawyers who fight aggressively to represent clients charged with theft, drug possession, DWIs and other crimes.

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