Can You Get a DWI When Sleeping in Your Car?

27 July, 2018

Depending on the circumstances in which you find yourself , you may be arrested or convicted for sleeping in your car while intoxicated. In the most desperate of situations you may have had too much to drink, your phone is dead, and you are unable to call a taxi or an Uber to pick you up and deliver you safely home. In a case of this kind you might think the safest option is to go to your car and have a nap while you wait to sober up enough so that you can drive safely.  Is it time to think again?   Depending on the way the police find you in the car and on the state of the car, they can draw a conclusion as to whether you did drive or had the intention of driving while under the influence. These are a few cases in which you can be arrested or convicted for DWI:   If you have gone to your car, drove for a bit and then realized you are too drunk to continue and needed to pull on the side of the road and sleep to sober up, then the police can understand the situation you are in as you might just be in the middle of nowhere and you could have only got there by driving.   Another situation could be you being in the driver’s seat and waiting for your car to warm up and just fell asleep, or just put your keys in the ignition and decided to go to sleep.   Whichever the reason is, if you are found in the driver’s seat with  the keys in the ignition you can be arrested or convicted for DWI. Some ways in which you could avoid being convicted would be if you are found in the back seat sleeping, with the keys either in your hands or in the trunk of the car to prove that your intention was not to drive while drunk.   Despite the precautions mentioned,  the general recommendation would be to not find yourself in such a compromising situation. This could still end up with you being arrested for sleeping in your vehicle while under the influence.