You lost track of time and stopped counting your drinks when you were out with friends – and you belatedly realized that you weren’t sober enough to drive home. So, you did what felt like the responsible thing: You tucked your car keys in your pocket, cracked the window, reclined the seat and decided to sleep in your car until you sobered up.
That’s why it was such a shock to be woken up by the police and charged with driving under the influence (DUI).
The law considers actual physical control of the vehicle
Georgia Code § 40-6-391 says that you are guilty of a DUI if you’re intoxicated through drugs or alcohol (or any combo of the two) if you have “actual physical control” of the vehicle – not just when you’re driving.
Your keys don’t need to be in the ignition, either, for the police to consider you in physical control of your car. It’s enough if you have the keys handy and can easily put them in the ignition and start the car to meet the criteria for conviction. This particular quirk in the law has tripped up many people who had good intentions.
What are your options? Ideally, you need to avoid putting yourself in a position where you can be charged in the first place. If you didn’t have a designated driver planned, consider taking an Uber home and going back to your car when you sober up – or try calling a friend for assistance. If you must sleep in the car, consider putting your keys in the trunk and sleeping in the backseat, so that it’s harder to allege that you had actual control of the vehicle.
Finally, if you do end up facing DUI charges over an incident like this, invoke your right to remain silent until you can discuss the details with your defense.