So, You Fell Asleep In Your Car — Is That A DUI?

Posted on: 16 June 2021

It's a common occurrence: somebody drank a bit too much or left a party too tired, so they decided to crash in their own vehicle before taking off. It is not unheard of for a police officer to arrest somebody who has been sleeping in their vehicle and charge them with a DUI.

So, is this a valid arrest? Could you face a real DUI conviction? Here's what you should know.

Some States Don't Require Proof You Were Driving

Unfortunately, there are many states in which you can be charged with a DUI even if the officer did not prove you were driving when you were confronted by police. This can certainly complicate your case, but it does not mean that you should give up all hope. You will still be able to fight your case using other methods.

So, what is the reasoning here? In some states, simply being in the car could be an indication that you were about to drive or that you were just driving. This means your attorney will have to show that you had no intention of driving.

Key Location

One of the first things your attorney might look for in your case is where the keys were located. If the keys were found in the ignition, this is an indicator you may have intended to drive. On the other hand, if your attorney can prove that a friend had the keys or that you left the keys in a bag while you slept, you may have a stronger case.

Your Location

Your location will also impact your case. If the police officers discovered you in the driver's seat, passed out, you may have a weaker case than if you were curled up in the backseat. Your attorney will use any evidence, including camera footage, to demonstrate where you may have been in the car.


Like with any other DUI case, a DUI attorney will look at your BAC and any techniques used to determine that you were under the influence. Your attorney will try to find fault with the tactics used, for example. They may prove that the officer had no right to take your BAC or that the tactics used were improper.

DUI Attorneys Help You Fight These Charges

No matter what led to your arrest, it is important that you speak with a DUI attorney. Your attorney will help you fight back against allegations you were driving under the influence. Make a phone call today to begin your fight.