Charlotte Criminal Lawyer Blog
Can I Get a DUI if I am Asleep in My Car?
Drinking and driving do not mix, and if you are driving after having had a few drinks, you could get pulled over for DUI. Instead of risking a DUI, some people wonder whether it is best to just take a short nap until they are safe to drive home. Rather than getting into your car, you may want to take a rideshare or call a friend. If you decide to sleep in your car, could you get a DUI?
North Carolina DWI Laws
In North Carolina, it is illegal to drive a vehicle with a BAC (blood alcohol concentration) of 0.08%. If you are stopped for any type of violation, the police may suspect that you are impaired. The police may request that you submit to a BAC test. North Carolina has an implied consent law. In order to obtain your driver’s license, you must agree to submit to testing when requested by a member of law enforcement. If you refuse the request, you will be subject to the automatic suspension of your driver’s license for a year. This is separate from any other charges that may be made regarding DWI.
Is it Legal to Sleep in Your Car?
Some jurisdictions have laws in place that prohibit sleeping in your vehicle on public streets. Typically, sleeping in your car in a private location could also be prohibited. In order to legally park and sleep in a private lot, you would need to have the express consent of the property owner. While it may technically be legal in some places, if the police find you sleeping in your car at the side of the road, they will likely check on your condition and request that you move along. If you are found to be sleeping in your car while operating it on the road, the police will try to determine why, including the determination of impairment.
Keys in Ignition
One of the important distinctions between simply sitting in your car and possibly getting charged with DUI is the placement of the car keys. Generally, when the keys are in the ignition, it means that you are able to drive the vehicle. Most often, law enforcement will determine whether the vehicle was running or not. If the keys are engaged and the car is running, you could be charged with DUI, even if the vehicle is not moving. If you absolutely feel you must sleep in your car, make sure you turn off the ignition, remove the keys, and place them away from you.
It is generally not a good idea to intentionally sleep in your vehicle, regardless of the location. If you have been drinking, it is best to keep your car parked and get a ride from a rideshare or from a non-impaired driver. Driving any distance or sitting in a running vehicle while you are impaired could result in DUI charges. If you have been charged with DUI, we can help. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to speak to our criminal defense attorneys.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/blood-alcohol_content_(bac)
Image Credit:
https://www.freeimages.com/photo/car-3-1176180
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