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No one wants a driving under the influence (DUI) or driving while intoxicated (DWI) charge. However, drivers continue to earn themselves DUI charges from foolishly consuming alcohol and hitting the road. Still, you might get into the same trouble for “sleeping it off” in your car that you might for getting pulled over for driving under the influence. 

You could get arrested for a DUI by sleeping in your car– but you have other options to do the right thing

It might sound silly, but you can get a DUI charge for sleeping in your car. Should you have a blood alcohol content (BAC) over the legal limit, typically 0.08, cops may conclude that you drove your car prior to your decision to sleep. 

Frankly, your inclination might be to lock yourself in your car and sleep off your intoxication. Sure, that’s objectively better than getting behind the wheel. But it could land you in some serious hot water with the authorities. Police officers investigate your parked vehicle and find you “sleeping one off.” But they could also conclude that you drove to your current location in an inebriated state.

However, not every state has the same ideologies regarding sleeping one off in a parked car. For instance, California requires evidence of a movement. If law enforcement can prove that a driver operated the vehicle while intoxicated, they may arrest the driver.

Conversely, cops may arrest you for merely “being in control” of a vehicle in Illinois and Ohio, per Patituce & Associates. That includes sleeping in a parked car with the keys on their person. Frankly, it doesn’t matter whether the would-be suspect is sleeping or not. If police officers have reason to believe you drove your car in your inebriated state, they’ll likely breathalyze and field sobriety test you. If you fail or refuse those tests, expect a DUI arrest.

Fortunately, it’s 2024 and you have plenty of options to get home safe and DUI-free. For starters, if you’re going to drive, don’t drink and vice versa. However, with apps like Lyft and Uber, there’s often a way to leave your car parked and head home safely.

However, moderation is key. After all, a rideshare driver may refuse to take an inebriated person home. What’s more, many taxi services now offer online booking, meaning getting a licensed cab is as easy as using your mobile web browser.

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Staff Writer

Erik Sherman

Erik Sherman joined the MotorBiscuit team as an Autos Writer in 2022. An admitted petrolhead and an avid motorcyclist, Erik has owned everything from classic cars to motorcycles to modern driver’s cars. Erik also has extensive experience with military and emergency vehicles, ranging from ambulances and fire engines to MRAPs and M-ATVs. Erik is an eager car and motorcycle reviewer with experience covering everything from sports cars to pontoon boats and jet skis.

Erik holds a Bachelor’s Degree in International Relations (IRG) from the University of Texas at Austin and has studied Chinese, Energy, and European Politics at the University of Glasgow in Scotland. Erik’s background is unorthodox; he is a United States Marine Corps (USMC) combat veteran, water survival practitioner, and a former firefighter/EMT. Additionally, Erik is a regular volunteer and former instructor with the American Red Cross (ARC).