Certain decisions obviously put motorists at risk of driving under the influence (DUI) charges. If impaired motorists cause crashes or get pulled over by police officers, they may end up arrested and facing serious charges.
However, nuances in the law can actually put people at risk of prosecution even in scenarios where they did not necessarily intend to break the law. Drivers who recognize they have had too much to drink might try to sleep it off in their car after leaving a party or when the bar closes for the night.
Could police officers arrest motorists for sleeping in their vehicles while drunk?
Driving isn’t necessary for a DUI charge
People sometimes misconstrue the law because of the language used. The DUI statute does not require that police officers catch someone actively operating a vehicle while drunk. Instead, they only need to prove that a person was in actual physical control of the vehicle while they were over the legal limit for their blood alcohol concentration (BAC).
A party-goer or bar patron trying to make the right choice by sleeping before driving is likely still in actual physical control of their vehicle. They don’t need to have the engine running either. They are present in the vehicle with the keys, which means they could start the vehicle and drive in an intoxicated state at any point.
Those facing DUI charges brought on the basis of a technical violation of the law may need help exploring criminal defense strategies. Motorists can fight back against DUI charges with the help of a criminal defense attorney in some situations.
