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Can you get a DUI charge for sleeping in your car after drinking?

Can you get a DUI charge for sleeping in your car after drinking?

Time is the one sure way to lower your blood alcohol content (BAC). If you have had a few drinks, it can be helpful to wait a few hours to let sober up a bit before getting behind the wheel if you absolutely need to.

However, alcohol can make you feel very drowsy. If you are having trouble staying awake, could you safely sleep in your car while waiting to sober up?

You could be at risk of a DUI charge

It may be tempting to sleep in your car to sober up before driving again. But you should know that doing so could get you in legal trouble, depending on the circumstances.

According to Arizona state laws, drivers that are under the influence of alcohol or drugs could face penalties if they had actual physical control of their vehicle. This means if you sleep in your car and the police find out that you are drunk, they may charge you with a DUI.

Furthermore, even if you take certain measures such as putting the car in park, turning off the engine and sleeping in the passenger or back seat, law enforcement may ultimately determine that you were in control of your vehicle.

DUI charges can be damaging

The penalties for first-time DUI offenders include up to 10 days in prison, a fine of $1,250, community service and alcohol screening. These could grow more severe depending on the number of previous offenses and the driver’s BAC.

DUI charge may also bring personal and professional consequences. It could:

  • Damage your personal relationships
  • Require you to pay hefty fines
  • Get you in trouble at work or school

Sleeping in your car to sober up could get you into legal trouble and jeopardize your rights. However, you could seek legal assistance for a DUI charge.

Author Bio

Matthew L. Lopez

Matthew L. Lopez

Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.

Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.

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