Sleeping drunk in a car?

Sometimes I drive to a bar, then go back to sleep in my car, this way I don't drive home drunk, but I heard I can still get a DUI like this.

What are the laws on this?

Your running a risk here, depending on the cop. The first answer is correct, make sure your keys are no where near you. It's best to give them to the bartender if he or she is able to return them to you when you need them. Otherwise, put them in the trunk, not the glove compartment, just to be safe. State laws vary, and sometimes just having them anywhere in the interior of the car is enough to get you charged with DUI. The same goes for open containers, e.g., an expensive half-full bottle of whiskey needs to go in the trunk.

BTW, thanks for thinking of your safety and mine and not driving drunk! Good luck!

You can be arrested. It would classify as public intoxication. I am not sure if it would be a DUI, but it might be. Back seat might give you an argument. I've heard of a guy in a cab who was arrested. The cab driver was intoxicated and both were arrested. Crazy, isn't it?

I think it is safer to take a cab home, but make sure the driver isn't drunk, which may be hard to do when you are drunk. Sleeping in back seat may be better than front as can argue that was sleeping and not driving at all. Better to stay on private lot rather than on the street in a car. You might want to get permission from the owner of the property to sleep in your car on his lot. If the bar doesn't have a parking lot so you are parked on the street, there is some risk. You can lock the ignition key in the trunk and keep the door key with you and might avoid DUI, but you are still at some risk in case of criminal breaking in, though you might be able to get to the horn and blow it like crazy. You can't drive if your key is not in there with you.

However, what you are not risking is manslaughter for killing someone while intoxicated so sleeping in car is better han driving home intoxicated.

Try to limit your risk by sleeping in backseat (leave a little crack in window for breathing). Try to get permission of the lot owner if you can sleep in a parking lot off the street.

However, you are at risk from criminals who set on homeless who sleep in cars and on the intoxicated. Be sure to lock your doors. There being in the back might put you at more risk as can't get to car horn or to drive into them or whatever.

Have you ever thought about taking a bottle or two home and getting drunk there? There is some risk no matter wich way you go.

Most DUI laws are written something along the lines of "If you are in control of the vehicle..." When you have the keys in your pocket, or easily accessible it is considered that you are in control of the vehicle. If you car has a separate trunk key put that key on a take apart key ring.

When you go out to your vehicle to sleep off your excess, separate your trunk key from the ignition key, and put your ignition key in the trunk.

If you do this, then you are not in control of the vehicle and cannot be charged with DUI.

Also, if you have the bar owners permission to do this, it might be a gray area as well. Parking lots are NOT considered to be roads and as such a police officer cannot normally site you for a moving violation there.

I would also like to add my thank to you for not driving while intoxicated. This shows that you are aware of the consequences of what driving under the influence can be and are being responsible.

That's what the law encourages you to do after getting drunk or uncomfortable. But I also heard sleeping in a car overnight is illegal, too (in California). Not DUI but may also cause you trouble. And there could be muggers.

Sleep in the back seat, put your keys in the glove box, and don't have any cans/bottles in the car with you. Shut them in the trunk.

If you have access to your keys, it is. Put the keys in your trunk or locked it the glove box with a separate key to the car. Then you're okay.

Don't sleep in the driver's seat. Get on the passenger's side, or back seat. Do not have the keys in the ignition.