Can you get a DUI for sleeping in your car?

At Kellis Law Firm, we frequently address a particularly intriguing question: Can you get a DUI just for sleeping in your car? This is a relevant concern for anyone who opts to rest in their vehicle after a night out instead of risking the drive home while intoxicated. Pennsylvania’s laws are detailed regarding this issue, and grasping your legal rights and responsibilities in these situations is essential. Keep reading for more from our skilled Pennsylvania DUI lawyers.

can you get a dui for sleeping in your car

Understanding DUI laws in Pennsylvania

Under Pennsylvania law, a DUI charge hinges not just on driving but on being in “actual physical control” of the vehicle while under the influence of alcohol or a controlled substance. This definition extends beyond merely driving the car.

Explaining “actual physical control”

The concept of “actual physical control” means that if you are intoxicated and in a position to operate the vehicle, even if it is not moving, you could be charged with a DUI. This interpretation aims to prevent drunk driving incidents before they occur. However, it also complicates situations where someone might sleep in their car without the intention to drive.

Factors that influence DUI charges while sleeping in a car

Several factors can influence whether sleeping in your car could lead to a DUI charge:

  • Location of the vehicle: If the car is legally parked and not in operation, it’s less likely but not impossible that you’ll be charged with a DUI.
  • Location of the keys: If the keys are in the ignition, it suggests you have control over the vehicle. If the keys are far from the ignition or on your person away from the driver’s seat, it could argue against your intent to drive.
  • Position in the vehicle: Sleeping in the back seat with the keys nowhere near the ignition is less incriminating than sleeping in the driver’s seat with the keys in the ignition.

Pennsylvania case law

Pennsylvania courts have dealt with numerous cases concerning individuals charged with a DUI while found in parked vehicles. The outcomes often hinge on the specific circumstances, such as the individual’s access to the ignition keys and their physical location within the vehicle.

How Kellis Law Firm can help

At Kellis Law Firm, we understand the complexities of DUI law in Pennsylvania. If you find yourself facing a DUI charge after sleeping in your car, here are ways we can help:

  • Evaluating the circumstances: We will meticulously review the details of your case, including where you were found in the vehicle, the location of the keys, and any evidence suggesting you had no intention to drive.
  • Building a defense: We leverage legal defenses that focus on your lack of intent to operate the vehicle while under the influence, potentially including demonstrating that you had made arrangements to stay put until you were sober.
  • Representation in court: Having an experienced DUI attorney is crucial if your case goes to court. We passionately represent your interests and aim to achieve the best possible outcome.

Charged with DUI? We can help.

So, can you get a DUI for sleeping in your car in Pennsylvania? Yes, it’s possible. However, whether you will be charged can depend heavily on the specifics of the situation. If you’re ever in doubt, it’s safer to avoid entering your vehicle while intoxicated. If you must sleep in your car, ensure you are not in the driver’s seat, do not have the keys in the ignition, and ideally, not on your person.

If you face such a situation, don’t hesitate to contact Kellis Law Firm. We’re here to provide the defense you need and to clarify your legal rights and options under Pennsylvania DUI laws.