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After a night of drinking, is it legal to ‘sleep it off’ in your car?

On Behalf of | Jul 16, 2024 | Dui Defense |

Spending a night out bar hopping with your friends can be a great way to unwind after a long day. However, you could run into trouble on the way home if you drove to the bar.

After several drinks, you may be feeling woozy, tired and unable to drive home. So, you may wonder, is it legal to sleep in your parked car to sober up before driving home?

Beware: The law might consider you in control of your car

Georgia law forbids intoxicated individuals from driving or having “actual physical control” of their vehicle. Doing so could put them at risk of facing charges of driving under the influence (DUI) – even if they were not actually driving.

So, if you had too many drinks and sleep inside your car to sober up, you could still be at risk of a DUI charge, even if you:

  • Sleep in the backseat
  • Turn the car engine off
  • Take the keys out of the ignition
  • Put the car in park
  • Put your keys somewhere else or leave them with someone

If law enforcement catches you drunk and sleeping inside your vehicle, they may still detain you on suspicion of a DUI. This is because it is up to the police officer to determine if you had actual physical control of your car, even if the circumstances listed above were true.

While it may seem tempting to sleep in your car to sober up after a night of drinking, it may be wise to avoid doing so. Even so, it is important to know that there are ways to protect yourself from a DUI charge.

 

 

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