Can I get arrested for DUI if I'm just sitting in my car, trying to sleep it off?

It is possible to be arrested for DUI if sleeping in one’s vehicle, however, cases such as these depend on several notable elements, including the case-specific events and factors observed at the time of arrest and the applicable state case law concerning DUI cases involving non-moving vehicle operation. In general, if a driver is deemed to be in physical control of a vehicle, he or she could be charged with DUI. What exactly constitutes being in physical control will vary. If the keys are in the ignition and the engine is running, a driver is definitely in physical control, even if the vehicle is stopped and the driver is unconscious. Even if an engine is not running, but the keys remain in the ignition, a driver in the aforementioned scenario could still be deemed to be in physical control. However, if the keys are not the ignition, or if the driver is not located in the driver’s seat, it is feasibly possible to contest whether physical control existed. In reality, in these cases, this is where previous case law in a given state will come into play.

For drivers charged with DUI, these cases present ample, albeit uncommon, room for a DUI lawyer to contest the legality of the arrest and charges. By consulting with a DUI lawyer, a person charged with a DUI offense can learn more about their specific legal rights under state DUI laws, while also preparing and implementing a viable defense strategy to seek dismissal of the charges.