It is illegal to drive a vehicle while under the influence of alcohol. Some might think the best solution to this problem is to sleep away the effects inside their car, wake up sober and drive to their next destination. However, in Georgia, this can still lead to a DUI charge.
How does sleeping off the effects of alcohol get you a DUI charge?
Many drivers have the misconception that they cannot receive a DUI charge if they do not actively drive the vehicle. Courts can charge you even if you park your vehicle and sleep behind the wheel, and this often happens if you have actual physical control of the vehicle.
The court determines how much actual physical control a driver has by examining each case thoroughly. Instead of focusing on the driver’s intent to sleep off the alcohol, the court examines how easy it would be for them to start driving. Factors that typically affect the court’s decision in Georgia include:
- Where your car keys are and how easy it is for you to reach them
- Whether your engine is running or not
- The amount of alcohol in your blood
- Whether or not your car is in a safe and secure parking spot
- The part of the vehicle you fall asleep in
When it comes to DUI charges with stationary vehicles, Georgia courts operate on a case-by-case basis. This means it is important to familiarize yourself with what steps you can take to avoid getting in trouble with the law.
What can you do to avoid a DUI charge?
If you find yourself in a position where you have to sleep off alcohol in your vehicle, make sure to keep your car keys out of reach. This means sleeping in the back seat and keeping your keys in the trunk of your car, or stored inside a bag in the front seat where you cannot access them. While these steps are not a foolproof defense, they can show a lack of physical control and help your case.
Driving home under the influence not only puts you at risk, but it also might threaten the lives of the people around you. While the best way to avoid such a problem is to refrain from drinking before driving completely, you can still sleep off the effects of alcohol without receiving a DUI charge by taking the right steps.
