After a night out or a long day of socializing, you might feel too tired or too intoxicated to drive home safely. In such situations, many people think the responsible choice is to “sleep it off” in their car. However, while this might seem like a safe and sensible option, it can lead to unintended legal consequences.
In many states, including Pennsylvania, you can be charged with DUI even if your car is parked and the engine is off. The key concern is whether you are in “actual physical control” of the vehicle. Courts tend to interpret the concept of “physical control” broadly, meaning that if you have the ability to start a car and drive, you could be considered in control of the vehicle.
This means that even if you’re parked, with the engine off, simply sitting in the driver’s seat with the keys nearby could be enough to result in a DUI charge. It’s surprisingly easy to find yourself in legal trouble even if you think that you’re making a responsible choice.
Better alternatives
If you find yourself too intoxicated or too tired to drive, consider the following alternatives to sleeping in your car:
- Use a rideshare or taxi: Use a rideshare service like Uber or Lyft, or call a taxi to take you home safely.
- Stay at a friend’s place: If you’re near a friend’s home, see if you can crash there for the night.
- Book a hotel room: If you’re far from home and need a place to stay, consider booking a nearby hotel room.
While none of these options is as convenient as napping in your vehicle, choosing an alternative to that particular course of action can help you to avoid criminal consequences associated, unfortunately, with engaging in responsible behavior.