Sleeping it off in your car might seem like a smart and responsible thing to do when you are drunk and unable to drive home. However, this might not help you avoid charges and penalties for DUI.
What “operating” a vehicle can mean
Two crucial factors lead to a DUI arrest:
- A blood alcohol concentration of 0.08% and above
- Operating a vehicle while under the influence of alcohol or drugs
New Jersey courts can interpret “operating” a vehicle to include instances wherein the car is not in motion, or the defendant is not driving the vehicle. The court considers whether you are in a position of having control over your vehicle or displaying an intent to drive.
Where you place your keys
In general, authorities consider having the car keys in the ignition as a visible intent to drive. If the vehicle’s engine is running, that gives the authorities further indication of a driver’s intent to drive, regardless of whether they slept in their seat instead.
Having the keys in your pocket or hands may also indicate an intention to drive. It is better to keep your keys out of reach, such as in your bag or the glove compartment.
Where the police found you
Getting into the driver’s seat is another potential indication of an intent to drive. It shows you can readily take control of and operate the car. If you want to sleep off the alcohol in your system, it is better to go into the backseat.
Additionally, if the car is on the side of the road rather than inside a parking area, the police may assume you drove to the location despite your intoxicated state.
Avoid a DUI charge after drinking
The best way to avoid DUI accusations after a night of drinking is still to get a ride home. You can either ask a sober friend to drive you back or use a ridesharing service like Uber.
If you find yourself facing a DUI charge for sleeping or just sitting inside your car, the details of your situation may help you prove your innocence. Reaching out to a legal professional may also help you fight the charges and avoid a DWI conviction.