Can I Get a DUI Ticket for Sleeping in a Drunk Car?

The law surrounding DUI (Driving Under the Influence) is complex and heavily dependent on the jurisdiction you are in. This article explores whether it is possible to receive a DUI ticket for sleeping in a car with the engine running, specifically in three different states: Georgia, American Samoa, and Oregon.

Georgia

According to my experience, it is highly unlikely that you would receive a DUI ticket in Georgia if you are simply sleeping in a car with the engine running. In Georgia, a DUI can be charged anywhere in the state, and the key factor is whether the vehicle is in motion. If the car is idling and the vehicle is not being driven, you would not be violating the DUI statute. However, if you are in a situation where law enforcement believes you have been under the influence of drugs or alcohol, you could face an arrest even if you are asleep.

American Samoa

In American Samoa, the DUI statute only applies to public roads. Therefore, if you are sleeping in a car with the engine running on a private property or in your garage, you would not be in violation of the DUI statute. However, if law enforcement was called to the scene and they found you asleep in a car with the engine running and believed you had driven the car under the influence, you could still face charges and an arrest.

Oregon

In Oregon, the DUI statute requires proof of driving. While driving is not explicitly defined in the statute, case law has established that the vehicle must be in motion. In one recent case, a defense attorney argued that a person could be arrested for DUI even if they were sleeping in a car. This argument was met with shock and disbelief from both the officer and the prosecutor. However, if you are found in a situation where the car is running and the officer believes you were in a DUI state, you could still face an arrest.

Legal Process

Even if you are not charged with DUI, the situation could escalate quickly. If the driver leaves the car for a longer period and the vehicle is seized, you may face additional legal issues. The police may tow the vehicle and impound it. In such cases, you would need to prove that you were not the one driving the car and that the vehicle was not in motion. If the police suspect any involvement with drugs or alcohol, they will follow a standard procedure to determine your level of impairment.

Standard Procedure

**Arrest**: The officer will likely wake you up and demand that you exit the vehicle. If there is any suspicion of drug or alcohol use, you will be asked to step out and complete a series of field sobriety tests. **Field Sobriety Tests**: These tests are designed to assess your physical and mental capabilities. If you fail the tests, you may be asked to provide a breath sample using a breathalyzer. **Breathalyzer**: A breathalyzer test will determine your Blood Alcohol Content (BAC). If your BAC is above the legal limit or there is a strong smell of alcohol or other drugs, you may be placed under arrest. **Arrest and Transportation**: If arrested, you will be transported to a jail or a medical facility for a more comprehensive examination and to provide a blood sample. You will be detained until you are sober enough to be released or until a judge signs a warrant for your release.

Private Property Considerations

While you are on private property, the police generally do not have the right to enter without consent. However, if the property is large enough or secluded enough that the public does not have access, the police may still need a warrant to enter. If the car is on a private property that the public can access, the situation could still escalate into an arrest.

DUI charges and arrests can have serious consequences, including fines, license suspension, and even jail time. If you find yourself in such a situation, it is crucial to cooperate with law enforcement and try to explain your circumstances clearly.

Conclusion

While sleeping in a car with the engine running may not necessarily result in a DUI ticket, the situation can still escalate into an arrest if law enforcement believes you have been under the influence. The best course of action is always to ensure you are not driving or operating a vehicle under the influence. If you need to leave your car and are under the influence, use a taxi or public transportation to get to your destination safely.