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Sleeping in a parking lot while intoxicated can get you arrested

On Behalf of | Sep 3, 2024 | Drunk Driving

Imagine a night out in Maryland where you had too much to drink. Rather than risk driving, you decide to sleep it off in your car – after all, drunk driving can have devastating consequences. Still, what happens when you decide to sleep it off in your parked car, only to be caught by the police?

DUI in Maryland

Driving under the influence (DUI) laws strictly forbid driving a vehicle when impaired by alcohol or drugs, aiming to ensure road safety and prevent accidents. According to Maryland laws, being in actual physical control of a vehicle while under the influence constitutes a DUI. However, what does actual physical control mean?

Actual physical control explained

The term actual physical control critically determines whether law enforcement can charge you with DUI. Maryland courts consider several factors to assess this, including:

  • Where the keys are located
  • Whether the engine is running
  • Where you are sitting in the car
  • The vehicle’s location and whether it is legally parked

Sleeping in the driver’s seat with the keys in the ignition or within reach can lead to charges. The rationale is that you have the immediate ability to drive, posing a potential risk. Maryland law enforcement officers may interpret this scenario as you being in control of the vehicle.

Staying safe and sober

While sleeping in your car might seem like a responsible choice when you’re too intoxicated to drive, it can lead to unexpected legal trouble. Always plan ahead for a safe ride home or designate a sober driver. If you find yourself in this situation, remember that the specifics of your case matter. Each circumstance is unique and the guidance of a legal professional can be valuable in steering through these complex legal matters.