Can you get a DUI for sleeping in your car? Sometimes, a person will park the vehicle they were driving because they feel that they drank too much alcohol to drive. They may stop driving to stay safe and because it’s the right thing to do.
Instead of driving, they end up falling asleep either in the driver’s seat, passenger seat, or back seat.
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The Consequences of Sleeping In Your Car After Drinking
After some time passes, their bodily alcohol limit will decrease, in which then it’s hopefully safe to drive again.
They may pull over in a parking lot, gas station or even on the side of a road or highway.
Since they’re no longer driving, they feel safe.
Ironically, they’re not.
A law enforcement officer has the right to determine if a sleeping driver is in need of medical assistance.
While determining if the person is in need of assistance, the officer then asks a lot of questions.
If the officer determines that the sleeping driver was driving the vehicle earlier while intoxicated by alcohol and/or drugs, that can be enough for that person to be arrested, charged and convicted of DUI.
How An Officer Can Arrest You
An officer may wake up a driver on the side of the road, ask how they got there and whether they’ve been drinking.
If the driver admits that drank alcohol before driving to that location, the officer will likely ask the driver for a breath alcohol test.
If the breath test measures an amount over the legal limit, the officer will arrest the driver for DUI (Michigan uses the term OWI).
Typically the officer assumes that the alcohol level must have been higher at the time of driving, even if it was several hours earlier.
It doesn’t matter if the officer didn’t see the person driving.
The circumstantial evidence of driving while intoxicated is enough.
If the driver stated that they drank alcohol after parking, the officer will look for evidence of recent consumption, such as an alcohol bottle.
Additionally, the officer will feel the hood of the car to check if it’s still warm.
The Takeaway: Can You Get a DUI For Sleeping In Your Car?
It can be more complicated for the officer if someone is sleeping in a car in a parking lot.
Someone could have driven their suspect there.
Therefore, the officer will ask how they got there.
If the driver says he was dropped off and no driving took place, a DUI arrest will be unlikely unless there’s obvious evidence to say otherwise.
If you’re driving and feel like you’ve had too much to drink, pull over in a parking lot and not in a random place.
If you do so, there’s less of a chance an officer will interrupt your rest.
If one does, do not admit to driving after drinking.
Immediately speak with an experienced DUI attorney.
Are you facing DUI charges? Unhappy with your current attorney? Request a free consultation now.
Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. In every area of law he has practiced he has excelled to the top of his field always ensuring that his clients receive the highest and best level of service available. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. When it comes to criminal defense, Barton’s reputation is stellar. He has been teaching lawyers all over the country as a faculty member of the DUI Defense Lawyer’s Association and as the President of the Michigan Association of OWI Lawyers. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. Barton was also the only chosen criminal defense attorney to present to the Michigan State Police’s Impaired Driving Commission on the issues of driving under the influence of marijuana. Regarding marijuana, he has also very well known and respected. Barton played an instrumental role in the legalization of adult use marijuana in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November of 2018 (he was also part of the failed campaign in 2016). Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. He is the founder of the Cannabis Legal Group which has been delivering expert legal services to the commercial medical and AU industry since 2015. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years.