After an evening out, you may think that if you just sleep it off in your car until you’re sober, everything will be alright.
This may seem like a good idea at the time, but it’s something you should avoid at all costs. If the police see you in your vehicle, they may stop to check on you. If this happens, they may charge you with a DUI.
Can you get a DUI for sleeping in your car? Yes, you can in certain situations, and it’s best to know what could happen or how to deal with it in these circumstances.
How Can You Be Charged with DUI for Sleeping in Your Car?
In Ohio, some people who try to sleep in their car after a night of drinking find themselves facing DUI charges because the engine is running. You may leave it running to keep the AC on to stay comfortable as you sleep but this will work against you if the police find you.
Some people start driving home after drinking only to realize they are too intoxicated to continue. They think they’re better off pulling over to the side of the road and sleeping there. That’s even worse as they’ve physically moved the car while they were drunk and in the driver’s seat. Ohio laws consider the vehicle’s operation and your intoxication for charging DUI.
Even if you are only charged with having physical control, it’s still a serious charge. This can result in having your driver’s license suspended, and your car will be impounded. The best way to avoid getting a DUI charge for sleeping in your car is to get a sober ride home. However, if you’ve already been arrested, it’s time to find a DUI lawyer to defend you.
Understanding How Ohio’s Statutes Define the Operation of a Vehicle
Drunk driving is very dangerous, and you may believe that you did the right thing by sleeping in your car rather than driving home. The reason you could face DUI charges is because of how Ohio defines the operation of a vehicle.
The prosecution must prove a few things to get you convicted of a DUI. First, they must prove you were inside the vehicle and that you were legally intoxicated. They must also prove that you were operating the vehicle.
Ohio broadly defines ‘vehicles’ as more than just cars, trucks, and SUVs. It also considers bicycles, ATVs, golf carts, and other modes of transport as vehicles. It gets even more confusing as the law states that you must be operating your vehicle to be charged with DUI.
This is a legal distinction that seems to be contradictory when you are asleep in your vehicle. How can you possibly operate it if it’s not moving? Even if the law makes this distinction, you could face the charge of physical control of a vehicle while under the influence. It may be a lesser crime, but it still has harsh punishments.
If you were sleeping in your vehicle and were charged with DUI, you shouldn’t delay speaking to a defense attorney about your case.
Are There Any Defenses for DUI When Sleeping in a Car?
The best thing you can do when you realize you’ve had too many drinks to drive is to call a rideshare or a sober friend to get home. However, if you’re going to sleep in your car, you will want to avoid getting arrested.
You should move from the driver’s seat to either the passenger’s side or the back seat of your vehicle. You should also put your car keys in your glove compartment or, even better, the trunk if the police stop to check on you in your car. This will show them that you had no intention of driving anywhere.
If you’re arrested, the courts will need to determine if you were driving the vehicle. They will look at where your vehicle was located. For example, were you in the parking lot of an establishment, or were you pulled over on the side of the road?
They will also look at where you were found sitting or sleeping in your car and where the keys were located. Another thing they will consider is whether your vehicle can be operated and driven. These may seem like minor details, but in a case involving DUI, they are important as they could impact whether the charges get reduced or dropped altogether.
What Should I Do If I Was Arrested for DUI While Sleeping in My Car in Ohio?
Once you’re arrested for DUI for sleeping in your car, you will need to act quickly. Your first court appearance will follow several days after the incident, and you will want to protect your rights.
As soon as you are able to do so, contact a defense attorney with experience in DUI cases. You should make notes of everything you can recall before, during, and after your arrest. Something that seems like a small detail may prove helpful in clearing your name.
Your attorney will use this information as well as any evidence obtained, to build a strong defense. You do not want a DUI charge on your record as it comes with serious penalties, even if you’ve never been in trouble with the law before. You will face the suspension of your driver’s license and may need to spend time behind bars, pay fines, and attend alcohol and drug counseling as part of your sentence.
You can’t go back in time and choose to take a rideshare home, but you can move forward with a solid defense strategy to fight the charges. It is the only chance you have to preserve your freedom and your future.