Adults who regularly drink alcohol may recognize when they have had too much. Making the choice not to drive home in an impaired state is always the best decision. Unfortunately, some people put themselves in a vulnerable position while waiting to sober up enough to drive home safely.
People who have enjoyed significant amounts of alcohol at a party, restaurant or bar may try to sleep it off in their vehicles and then drive home sober in the morning. What they may not realize is that they could be at risk of drunk driving charges despite not actually driving the vehicle.
Having control of a vehicle is enough to justify charges
State law does not require that prosecutors prove that the motorist accused of impaired driving was actually driving at the time of their arrest. Statutes only require that the state establish that they intended to drive and were in control of a vehicle.
Being present in a vehicle if an individual is over the legal limit for their blood alcohol concentration (BAC) can be dangerous. A police officer who finds someone sleeping in their vehicle with an elevated BAC may assume that they intended to drive before they became sober again.
Having the keys and being physically present in the vehicle could be enough for a police officer to justify a drunk driving arrest. Even sleeping in the backseat may not be enough to protect a motorist from accusations.
Learning more about the laws regulating drunk driving charges could help people respond more effectively after an arrest. Seemingly innocent and safety-conscious behavior could put people at risk of drunk driving allegations.