You are out with friends, sharing some drinks and having a good time on the weekend. Eventually, it comes time for everyone to go home. Your friends all get in their cars and drive away.
As soon as you get in your car, though, you realize that there is no way that you can legally drive. You can tell that you are too impaired. You decide to wait it out in the car, perhaps taking a nap in the vehicle and waiting for your blood alcohol concentration (BAC) to go down.
Could you still be arrested?
In some cases, you can still get arrested and charged with DUI, even though your car is not moving. The law states that it is illegal for someone who is impaired to “drive or attempt to drive.” If the police see you sitting in the front seat of your vehicle, they may think that you were attempting to drive the car, even if you claim that you were just taking a nap.
Often, the key factor is whether or not you are in actual physical control of your vehicle. If you do end up trying to sleep in the car, it’s important to make it clear that you weren’t trying to drive. For instance, taking a nap in the driver’s seat with the keys in your hand is highly problematic. But if you put the keys in the glove box and take a nap in the back seat, it is much easier to show that you were never in physical control of the vehicle.
A DUI can have serious ramifications. When you’re facing charges, be sure you know what steps to take.