Can You Be Arrested for DUI While Sleeping in Your Vehicle?
Most folks know that drinking and driving can lead to DUI in Georgia. This is why many people have resorted to what they think is a good choice: pull over, park the car, and sleep until they are fit to drive.
While this is the safer choice, many folks don’t realize that they can still be charged with DUI. Depending on the situation, a driver could be arrested for DUI regardless of whether the car was moving and the driver was asleep.
Georgia’s DUI law extends beyond driving
Georgia DUI law does not restrict its application to people who are actually driving vehicles. Charges of DUI may also be brought against a person who is under the influence while he or she is in “actual physical control” of a vehicle.
This legal principle means that DUI charges can be brought against a person even if the car was not moving. This is because an impaired person who has the ability to drive a car may cause harm to people around them.
In many DUI investigations, therefore, the main question is whether the individual had the ability to operate the vehicle.
What is “actual physical control”?
Physical control is sometimes not easy to determine. There are different elements that courts will consider to determine whether a person had physical control of a vehicle.
The following are some elements that could be used:
- Whether the person was in the vehicle
- The place of the vehicle
- Whether there were available keys
- Whether the engine was on
- The position of the person in the car
- General circumstances of the situation
In this regard, a person asleep in the driving seat with the keys will have more trouble than someone asleep in the rear seat without the keys.
Each case is unique, and no one element alone will lead to a DUI arrest.
Common situations that lead to arrest
In many cases of sleeping-driver DUIs, the police arrive at the scene following a report about the presence of a suspicious or disabled vehicle.
When the police come across a parked car while patrolling on the streets, they will look for any signs of impairment by checking whether there is any smell of alcohol, slurring of words, bloodshot eyes, etc. There are occasions where police determine that a person has driven the vehicle under the influence of alcohol, although they have not seen him/her driving.
The above is among the issues that arise in such cases.
Potential defenses in sleeping driver cases
Sleeping-driver DUI cases often offer distinctive ways of defending oneself.
The lawyer can contest whether the defendant had actual physical control of the vehicle. Issues such as where the keys were, what the car looked like, and what happened in what order may be crucial.
Sometimes, the case could turn out such that the defense claims that the defendant made a smart move and decided not to drive while intoxicated, and hence never planned to use the car while sober.
Due to the importance of facts in such cases, proper investigation is vital.
Talk to a Cobb County, GA, DUI Defense Lawyer Today
If you’re facing charges of DUI, Andrew Schwartz, P.A., can help resolve your case in Georgia. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
