Some people truly do not know when they have had too much to drink. It can be difficult to estimate intoxication levels when alcohol impairs cognitive function. They might try to drive home when they are well over the legal limit, putting themselves at risk of arrest or a crash.
Others may have become quite skilled at identifying when they should not drive home. Someone who had too many drinks at a party or a bar may realize that they cannot drive safely. They may also understand that they cannot use coffee or energy drinks to sober up faster. They know they need to let time pass so their bodies can metabolize the alcohol. They may not be able to stay at the location where they drank until they’re sober again.
Some of those people may choose to sleep it off in their vehicles. They rest for a few hours and then travel home when they are sober enough to safely and legally operate a motor vehicle. Some of those drivers trying to make the right choice could end up arrested for sleeping in a vehicle while drunk.
Controlling a vehicle while drunk is a crime
Drivers don’t just face driving while intoxicated (DWI) charges because they crash their vehicles or swerve all over the road in front of a police officer. People in parked vehicles that do not even have their engines running could also be vulnerable to DWI charges.
A driver sleeping in their vehicle a few blocks from a bar might lead to officers questioning whether they drove several blocks before realizing they shouldn’t. Officers may also have reason to believe that they could drive after waking up when their alcohol levels are still over the legal limit.
Particularly when people are in the front seat of the vehicle and have the keys in their hands, purses or pockets, police officers can justify arresting them on suspicion of a DWI offense despite their being unconscious when the officer initially approached the vehicle. The details of the situation influence what defense strategies might be available.
Motorists accused of DWI offenses because they tried to sleep in their vehicles to sober up after drinking may be able to avoid convictions. Reviewing the state’s claims with a skilled legal team can help a DWI defendant begin developing a criminal defense strategy that could help them avoid a conviction.