After spending a night out drinking, it might sound safe and reasonable to sleep off the effects of alcohol in your car. It is easy to assume that you have to drive under the influence (DUI) to receive a charge. However, in Pennsylvania, this is not always the case. Learning about the state’s laws and how courts may evaluate your circumstances could help you avoid a potential DUI charge.
Understanding actual physical control
Pennsylvania DUI law generally does not require you to be actively driving to face DUI charges. The statute focuses on being in “actual physical control” of a vehicle while under the influence. This means you could face a charge even if you park your car and fall asleep.
Officers generally use several factors to help them determine whether or not you have actual physical control of your vehicle. These may include where you choose to sit, if your key is inserted into the ignition, if the engine is running and where the car is located. Even having the keys in your pocket while sitting in the driver’s seat could create problems.
Important factors to be wary of
Several circumstances could increase your risk of facing DUI charges while sleeping in your car. If you are in the driver’s seat, officers may assume you intended to drive or had been driving recently. Having the engine running for heat or air conditioning also suggests you had operational control of the vehicle.
The location of your vehicle matters too. A car parked on the side of a highway raises more suspicion than one parked in a private driveway. Keys in the ignition, even if the car is off, can be interpreted as evidence that you were preparing to drive or had just finished driving.
Steps you might consider taking
If you find yourself needing to sleep in your car after drinking, certain actions might help reduce your risk. Consider moving to the back seat rather than staying in the driver’s seat. Keep your keys away from the ignition and out of reach, such as the trunk of your car.
Turn off the engine completely, even if it means being uncomfortable. Try to stay in a legal parking spot rather than on the roadway. These steps do not guarantee you will avoid charges, but they may demonstrate you had no intention of driving. You may also want to consider using a rideshare service, taxi or trusted friend for a ride home.
Your knowledge may protect you from a DUI charge
Understanding Pennsylvania’s DUI laws empowers you to make informed decisions. While sleeping in your car might seem responsible, the legal risks are real. Arrange alternative transportation before you drink. The choices you make tonight can save you from serious legal consequences tomorrow.