Can I get a DUI while sleeping in my car while drunk?

If you left a bar knowing that you just might be a bit too drunk to drive safely and decide to sleep it off in your car until you are sober enough to drive as the responsible thing to do, and a way to avoid getting stopped…. a police officer may very well still arrest you for a DUI.

The most common “sleeping in your car” scenario is when you have had too much to drink after leaving a party or a bar, and you feel that just sleeping it off in the back seat a little while will avoid you getting a DUI. WRONG!

While it is true that in California, merely sleeping in a vehicle while under the influence is not a DUI offense in itself…
An eager police officer may still attempt to prove that you were indeed recently driving also known as “volitional movement” by way of circumstantial evidence.

But how can the officer prove I was driving if I was NOT observed Driving my car?
A California officer may attempt to demonstrate you were recently drinking by any of the following:
1. Observation of empty beer cans or alcohol bottles in your vehicle;
2. Running engine;
3. Warm hood of the car;
4. Opening driver door of car;
5. Etc.

California’s Vehicle Code section 40300.5 states that it is NOT required that the officer observe actual driving. Moreover, Vehicle Code section 40300.5 provides that an officer is permitted to make a DUI arrest whenever they have probable cause to believe that the person was driving while under the influence and the person.

At Trivino Perez & Associates, we have nearly two decades of experience, and the skills to properly defend you, to avoid getting a conviction for DUI. But don’t take our word for it; see what our clients have to say about our zealous representation by visiting our website. You will be glad you did

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