After realizing that they are far too drunk to operate a motor vehicle, many drivers do the responsible thing. They pull over, turn off their engine, and try to sleep it off. Unfortunately, this might be enough to avoid a DWI in North Carolina. If police find you asleep in your vehicle, you could still face criminal consequences. Contact a defense lawyer in North Carolina to learn more about this situation – which is more common than many realize.
Can You Get Arrested for Sleeping in Your Car?
Sleeping in your car is legal unless you are doing something illegal or unlawful. A common example is parking unsafely. You can also face consequences for being intoxicated while inside a vehicle – even if you are asleep and clearly not “operating” that vehicle.
There is no specific mention of “driving” in North Carolina’s DWI laws. Instead, North Carolina states that you may be arrested for being “in control” of a motor vehicle while intoxicated. This is a broad phrase, and it leaves the door open for various interpretations.
Generally speaking, officers must find evidence that you may have been planning to drive the vehicle while intoxicated. The classic example is a set of keys left inside the ignition, as prosecutors might argue that the vehicle was ready for use at a moment’s notice. Drivers may also encounter issues if they sleep in the driver’s seat, as this also suggests that the driver intends to operate the vehicle in the near future. Finally, police and prosecutors might consider whether you left the engine running while asleep. In this case, a DWI arrest is highly likely.
Prosecutors Still Need to Prove You Were Intoxicated
With all that said, prosecutors still need to prove that you were intoxicated while asleep in the vehicle. Police might attempt to gather the necessary evidence through breath tests, other chemical tests, or field sobriety tests. Note that you may not need to consent to these tests, and you may wish to speak with a lawyer beforehand.
You should know that sleeping for extended periods may make you more sober, lowering your BAC level. Time is the only thing that can lower your intoxication level, and “sleeping it off” is one of the best ways to sober up. But while this course of action is probably the most effective way to lower your BAC level, it may not be legal if you fall asleep in your car.
Find an Experienced DWI Defense Lawyer in North Carolina
If you have been searching for an experienced DWI defense lawyer in North Carolina, look no further than Coastal South Law. We know that some DUI allegations are far more complex than others. Falling asleep at the wheel while intoxicated is just one example of a complex situation, and you can overcome these challenges with an effective defense plan. Reach out today to discuss the most appropriate strategy based on your unique circumstances.
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