If you know you’ve had too much to drink for the night, a smart option
is to sleep in your car until you’re sober again, right? Unfortunately,
you can still get charged with a
DUI for trying to “sleep it off” in the vehicle in California.
While you may think that someone cannot be arrested for “driving
under the influence” if he or she were not
actually driving, police have no clue if an individual was about to operate the
vehicle or not. Hence, in the interest of public safety, courts may consider
whether the driver was attempting to drive or reasonably could have been
driving or not.
In the event police officers discover someone asleep in their car, law
enforcement officials can conduct a “welfare check” to check
on the safety of people in the vehicle asleep. Probable cause to investigate
further can be obtained by police if they suspect alcohol. According to
California law, you can also be arrested attempted DUI for exhibiting
or attempting to exhibit the specific intent to drive, despite the car
So the next time you consider “sleeping it off” in your car,
either request a ride from a ridesharing app or taxi, or call a friend
to pick you up.
Arrested for a DUI in Ventura County, CA?
Contact The Law Offices of Robert F. Sommers and request a
free consultation with our Ventura DUI lawyer today.