Choosing to sleep in your car after drinking might seem like a safe option, but it can lead to a DUI charge. The issue comes down to how the state of Georgia defines “actual physical control” of a vehicle. Even if you never start driving, the circumstances may suggest you were capable of operating the car, which could be enough for an arrest.
Here are some crucial points to remember.
How actual physical control is defined
In Georgia, a person can be charged if they are in actual physical control of a vehicle having consumed alcohol or drugs. This means you do not have to be driving on the road to face a DUI charge. If the circumstances suggest you had the ability to operate the car, you could still be arrested.
Courts in Georgia look at several details to decide whether someone was in control of the car. These include whether the keys were in the ignition, whether the engine was running, where you were sitting and whether the vehicle was parked in a safe location. For example, sitting in the driver’s seat with the engine on for heat or air conditioning can be enough for a DUI charge.
Safer alternatives
Because of these risks, sleeping in the driver’s seat is not always a safe option. Even sitting in the car with the engine off may still be considered control, depending on the situation. Safer alternatives include arranging a ride, staying at a friend’s house or finding another place to rest until you are sober.
In Georgia, sleeping in your car after drinking can still result in a DUI charge if it appears you were in control of the vehicle. If you are facing these types of charges, it’s important to seek legal guidance.