Many people believe that sleeping in their car after drinking shows responsible behavior. You might think you made the right choice by not driving while intoxicated.
Missouri law enforcement might see this situation differently than you expect. Understanding the state’s laws on drunk driving apply when you sleep in your vehicle can help you avoid unexpected legal troubles.
What Missouri law says about “actual physical control”
When you decide to sleep in your car after drinking, you need to know how Missouri views this situation. Keep these essential elements in mind:
- Vehicle Location: Police officers consider where you parked your car, such as a parking lot versus the side of a road
- Key Placement: Having keys in the ignition or even just in your pocket can affect whether officers believe you had control of the vehicle.
- Seat Position: Sleeping in the driver’s seat suggests more immediate control than sleeping in a back seat.
- Engine Status: A running engine, even for heat or air conditioning, can significantly increase your risk of a DWI charge.
These factors help determine if you had “actual physical control” of your vehicle, which Missouri courts may interpret as “operating” under DWI laws, even without driving.
What other options are available?
If you must sober up after a long night out, you can take several steps to reduce your risk. These options might still be available to you:
- Consider arranging alternative transportation through rideshare services or a designated driver
- Contact a friend or family member for a ride
- Book a hotel room
- Find a safe place nearby to wait out your buzz
The safest choice always involves planning ahead before you consume alcohol. Missouri courts often look at the totality of circumstances when determining if you violated DWI laws while sleeping in your vehicle.
A DWI charge can impact your life significantly through license suspension, fines, and potential jail time. Speaking with a knowledgeable Missouri DWI attorney right away can help protect your rights if you face charges after sleeping in your vehicle.