Drinking and driving should never mix. But there are also times when you might drink a little too much and have no other option to get home except to drive. Some people try to make the responsible choice and decide to sleep off their intoxication in their car instead of risking driving home while drunk.
However, taking this seemingly smart route might still result in a DUI charge in Georgia.
Georgia’s physical control laws explained
Georgia law does not require you to actively drive drunk at the time of the arrest to face DUI charges. The police can arrest you, provided they have reason to believe you maintain “physical control” of a vehicle while intoxicated.
Under state law, physical control not only refers to driving the car but also to having the potential or capacity to operate the vehicle. Courts consider several factors as proof of having physical control of the car. These include:
- Position of the driver: Sleeping in the driver’s seat carries more weight compared to the backseat
- Location of the keys: Having the keys in hand, in the ignition or kept away in a bag
- Status of the engine: If the engine was running or recently turned off
- Location of the car: Whether the vehicle is by the side of the road, in a parking lot, or on private property
These factors help show intent or plans to drive the car. If you also have a blood alcohol concentration (BAC) over the allowed legal limit, that makes a stronger case for the prosecution against you.
Common defenses when caught sleeping in your vehicle
Fighting a DUI charge when you didn’t drive drunk requires strategy. Several defenses that may help include:
- Sleeping in the back seat
- Keeping keys away from your person or the ignition
- Having the engine turned off during the entire incident
- No evidence of alcohol impairment
- Lack of proper police procedure
While these defenses do not guarantee success, they can help strengthen your case significantly.
Better ways to protect against DUI charges
Instead of risking a DUI charge by sleeping in your car, consider other safer options. For example, call an Uber or taxi service or ask a sober friend for a ride home. If you really need to sleep the alcohol off, it’s better to stay at the bar or restaurant until you sober up completely.
Good intentions do not always protect you from legal trouble. While your intentions might seem responsible, sleeping in your car while drunk still creates legal risks. Moreover, DUI convictions remain on your Georgia record permanently, so it’s better to avoid risky choices. Having a strong legal defense is crucial to protect yourself when facing drunk driving charges, especially if you never actually drove while intoxicated.