If you’re planning on sleeping in your car after a night of drinking, you might think you’re making a responsible decision. However, you could still find yourself facing a DUI charge in California. In this blog post, we’ll explore the laws surrounding sleeping in your car while under the influence and provide tips for avoiding a DUI charge.

What is a DUI in California?
In California, it’s illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This includes not only driving a car but also being in “actual physical control” of a vehicle. This means that if you’re in the driver’s seat of a car with the keys in the ignition, you could be charged with a DUI even if you’re not actively driving.

Can You Get a DUI While Sleeping in Your Car?
Yes, you can get a DUI in California while sleeping in your car. If you’re in the driver’s seat with the keys in the ignition, you’re considered to be in “actual physical control” of the vehicle. Even if you’re not actively driving, you could still be charged with a DUI if you’re under the influence and in control of the vehicle.

How to Avoid a DUI While Sleeping in Your Car.
If you plan on sleeping in your car after a night of drinking, there are steps you can take to avoid a DUI charge:

• Don’t Sleep in the Driver’s Seat: If you plan on sleeping in your car, make sure you’re not in the driver’s seat. Move to the back seat or passenger seat, and make sure the keys are not in the ignition.
• Don’t Have the Keys on You: If you have the keys on you, you could still be charged with a DUI. Make sure the keys are out of reach and not in your possession.
• Don’t Be Under the Influence: The best way to avoid a DUI charge is to not drink and drive. If you plan on sleeping in your car, make sure you’re not under the influence of drugs or alcohol.
• Call a Friend or Rideshare: If you’re too intoxicated to drive, call a friend or use a rideshare service to get home safely. It’s better to be safe than sorry.

While sleeping in your car might seem like a responsible choice after a night of drinking, it’s important to be aware of the laws surrounding DUIs in California. If you’re in the driver’s seat with the keys in the ignition, you could still be charged with a DUI even if you’re not actively driving. To avoid a DUI charge, make sure you’re not in control of the vehicle and not under the influence of drugs or alcohol.

If you do find yourself facing a DUI charge, contact Prentiss Law office for experienced criminal defense representation.