Can You Sleep in Your Car While Drunk Without Getting a DUI in Georgia?

For many people, sleeping off alcohol in their car might seem like a responsible decision to avoid driving under the influence. However, in Georgia, the situation isn’t as simple as it seems. Depending on the circumstances, you could still be charged with a DUI even if your car isn’t moving. Understanding the laws around this issue is crucial to staying on the right side of the law.

The Legal Definition of DUI in Georgia

Under Georgia law, a person can be charged with Driving Under the Influence (DUI) if they are in “actual physical control” of a vehicle while impaired by alcohol or drugs. This definition is broader than simply driving a moving vehicle. Being in physical control of a car while intoxicated can still lead to a DUI charge, even if the car is parked.

What Does “Actual Physical Control” Mean?

The term “actual physical control” can be interpreted in several ways, and courts often look at various factors to determine whether someone was in control of the vehicle. These factors include:

• The Position of the Driver: Were you sitting in the driver’s seat? If so, this may indicate control of the vehicle.
• The Keys: Were the keys in the ignition or within reach? Having access to the keys can imply the ability to drive, even if the engine isn’t running.
• The Engine Status: Was the engine on or off? An engine that’s running may suggest intent to drive.
• The Vehicle’s Location: Were you parked on private property, in a parking lot, or on a public road? Being in a public space increases the likelihood of a DUI charge.

When Sleeping in Your Car Can Lead to a DUI

Even if your intention was to “sleep it off,” law enforcement may interpret your actions as evidence that you were in control of the vehicle and possibly intended to drive. Here are scenarios where you could be at risk:

1. Keys in the Ignition: If your keys are in the ignition, even if the engine is off, this may be enough for an officer to conclude that you were in control of the vehicle.
2. Engine Running: Turning on the engine, even just to use the heat or air conditioning, could indicate that you intended to drive.
3. Public Parking Lots or Roads: If your car is parked in a public area, an officer may assume you had been or intended to drive.

Tips to Avoid a DUI While Sleeping in Your Car

If you feel you have no choice but to sleep in your car after drinking, taking precautions can help minimize your risk of being charged with a DUI:

1. Don’t Sit in the Driver’s Seat: If possible, move to the back seat to show that you are not in control of the vehicle.
2. Keep the Keys Out of Reach: Place your keys somewhere inaccessible, like the trunk or outside the vehicle, to eliminate the appearance of intent to drive.
3. Turn Off the Engine: Avoid turning on the engine, even for climate control. Use blankets or additional clothing to stay warm instead.
4. Park on Private Property: If possible, park your car on private property with permission, as DUI laws often focus on public roadways.

What to Do If You’re Arrested for Sleeping in Your Car While Drunk

If you are arrested for a DUI under these circumstances, it’s essential to contact an experienced DUI lawyer immediately. An attorney can investigate the specifics of your case and help challenge the evidence. Some potential defenses include:

• No Intent to Drive: Demonstrating that you had no intention of driving while intoxicated.
• Improper Police Procedure: If law enforcement did not follow proper protocol, evidence against you may be challenged.
• Actual Physical Control: Arguing that you were not in “actual physical control” of the vehicle at the time of the arrest.

Conclusion

While sleeping off intoxication in your car might seem like a responsible decision, it can still lead to a DUI charge in Georgia depending on the circumstances. The safest choice is to plan ahead and arrange for a ride home or stay at a friend’s place to avoid putting yourself in a risky situation.

If you’ve been charged with a DUI for sleeping in your car, you need a knowledgeable DUI lawyer who understands Georgia’s laws and can build a strong defense. Contact Attorney Richard Blevins, known as DUI Rich, at 470-396-0211 to discuss your case and protect your rights.