Most driving under the influence (DUI) cases involve straightforward legal violations. A driver failed the test during a traffic stop or after a car crash. Pennsylvania police officers arrest them, and prosecutors then pursue DUI charges.
Other times, the situation may not be quite so clear. Some people get arrested for alleged DUI offenses in cases where they may not have actually driven the vehicle after drinking. Police officers may arrest those attempting to sleep it off after enjoying one drink too many at a bar or party.
Can the state convict someone of a DUI offense if they were asleep in a vehicle prior to their arrest?
Driving isn’t necessary for DUI charges
Contrary to what people often assume, police officers do not have to personally witness a driver behind the wheel while intoxicated to justify arresting and prosecuting that person. Obviously, those actively operating a vehicle with an elevated blood alcohol concentration (BAC) put themselves at risk of prosecution.
However, anyone who is in actual physical control of a vehicle could be at risk even if the motor isn’t running. The state can establish that someone is in actual physical control of the vehicle if they are inside the vehicle and have the keys. The keys do not need to be in the ignition for an individual to technically have control over the vehicle. Anyone who tries to sleep long enough to sober up after over-indulging may unintentionally put themselves at risk of arrest and prosecution.
People sometimes question whether it is legal for a police officer to investigate a vehicle not in motion. An occupied, parked vehicle could represent a dangerous situation. The person inside may have experienced a medical emergency, making a police officer’s cursory inspection of the situation reasonable.
Those who want to avoid breaking the law by giving themselves time to sober up may need to look into alternate arrangements rather than sleeping in their vehicle with their keys. Those facing DUI charges after trying to make the right choice may need help responding. Fighting pending DUI charges can help people preserve their licenses and avoid a criminal record that could compromise their opportunities for years to come.
