Is it Illegal to Sleep in Your Car Drunk?

We have all heard cases where a driver was convicted for driving while drunk, but not all of us know the position of the law about sleeping drunk in the car.

While it is safer to sleep in your car than driving it when intoxicated, it seems the law does not agree with this.

Hence, there is a need to know if it is legal to sleep drunk in your car.

1. What Does the Law Say?
2. Where is it Safe to Sleep in My Car While Drunk?
3. Penalty for Attempting to Drive the Car When Drunk

1What Does the Law Say?

What Does the Law Say?

Each state has different law for this.

For example, states like Nebraska, Arkansas, and Washington, charge a driver found sleeping in his car for “Driving Under Influence” (DUI).

This is because the laws of these states believe that drivers who sleep in their vehicles while drunk still have access to the control of their car and can turn on the engine.

2Where is it Safe to Sleep in My Car While Drunk?

Where is it Safe to Sleep in My Car While Drunk?

In most states, the most significant factor to consider is the position of the drunk motorist.

If the motorist is found with the ignition key in the front seat, this is a pointer that he only needs a quick motion to ignite the car and drive away.

With this, we can assume that in most states, a drunk motorist found sleeping at the back seat is safe from being charged for DUI.

Factors to Consider

Two factors are commonly considered to charge a motorist for an attempt to drive under the influence of alcohol: the position of the motorist and the state of the car.

The position of the motorist: as mentioned earlier, a motorist sleeping in the front seat with is ignition key in his hand is at a higher risk of being convicted. With this, it is safer to sleep at the back seat and ensure that the ignition key is not in your hand. This will prove that you do not intend to drive when drunken, which is not permitted virtually anywhere.

The state of the car: when law authorities find that the car engine is turned off, the chance of being convicted is shallow. However, if the engine is running, this gives the impression that the motorist is about to drive off, which is equivalent to “driving under the influence”. As such, it is always advisable for motorists who are drunk and want to sleep in their vehicles to turn off the engine.

3Penalty for Attempting to Drive the Car When Drunk

Penalty for Attempting to Drive the Car When Drunk

Again, most states prohibit drunken motorists from attempting to drive the car while under the influence of alcohol. While the penalty for this differs from state to state, New South Wales totally discourages this by attaching a massive penalty to the offense.

The penalty for this offense in NSW also varies depending on the number of cases that have previously been recorded against the motorist.

However, the punishment for an attempt of driving under the influence of alcohol or prohibited drugs include up to $3,300 fine, up to 18 months imprisonment, and 1-3 years license disqualification.

The Bottom Line

Sleeping in your car while drunk is not always safe but depends on each state. However, there are common factors to put in place to ensure your risk of being convicted lessens.

Ensure you follow these instructions if you have to sleep in your car drunk.