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First of all, MotorBiscuit does not condone anyone operating a vehicle under the influence of drugs or alcohol. But it also can’t control what drivers do. If you’ve had too much to drink or smoke and want to pull over to sleep it off, do one thing to reduce the chances of getting a DWI. 

Here’s how to possibly reduce the risk of getting a DWI 

While it is illegal to drive cars under the influence of alcohol and other drugs, it’s not always illegal to sleep it off. 

There are safe places to sleep in your car, but typically it’s not illegal to use federal land or campgrounds. It’s also illegal in some cities. 

However, to possibly lower your chances of getting a DWI, show that you don’t have any intent to drive. This can be accomplished by leaving your keys outside of the car and lying down in the back seat. 

But I’m not here to give any legal advice. If you get into trouble speak with your lawyer to determine your options. 

If a police officer rolls up and sees you in the backseat while your keys aren’t in the car, you could have an easier time getting the charges dismissed. 

However, if you show any intent to drive or seem to be in control of the vehicle then you can still be arrested. Police officers may check the heat of your engine to see if you were recently driving under the influence. 

A woman sleeping in the backseat of a car
Woman sleeping in car | iStock

If your ignition is on, then you’re still using the vehicle. Even if you’re in the backseat and only listening to music with the AC on. 

Also, if you’re standing near your car with the keys in your pocket then police officers will think that you were planning to hop right in and drive off. 

In some states, the DWI laws include if the vehicle is used by the public for vehicular traffic at any time. Police cars are everywhere, it’s best to find a designated driver, call a taxi, or stay where you are if you’re under the influence.

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Staff Writer

Allison Barfield

Allison Barfield joined MotorBiscuit in 2020 and covers all things trucks, SUVs, and Jeeps. Having grown up on a farm in Rock Hill, South Carolina, she’s no stranger to the “Best in Class” truck and SUV debates; people in her hometown were always gathering to help work on vehicles together, and deliberation would naturally arise.

Allison graduated from the University of South Carolina with a degree in Media Arts. She has helped bring awareness to issues Women In Trucking face and has promoted Truckers Against Trafficking, an anti-trafficking NGO.

A fan of creatively dark literature, Allison appreciates the works of Shirley Jackson and Emily Dickenson. She lives in a mountainous area of the country and enjoys off-roading and camping. Her dog, Bruce, often joins her in testing trucks and SUVs for our site.