Driving under the influence is illegal in North Carolina, as it is in all other states. If police officers find that your BAC is over the legal limit of 0.08%, or if they think you’re impaired due to other evidence, they can arrest you. You could face a license suspension, fines and fees, and even time behind bars.
But you may be surprised to learn that you don’t necessarily have to be driving the car to get DUI charges. For instance, there are cases in which the police can arrest you for sleeping in your car. Why would this happen?
Important factors
If police officers find you sleeping in your car, they’re going to look at a few different factors to see if they think you were recently driving the vehicle or if you still technically qualify as being “in physical control” of that vehicle. They may consider things like:
- If the car is in working condition
- Where your keys are located in the vehicle
- Which seat you chose to sleep in
- Where the car was located when the officers found it
For instance, maybe you were sleeping in the back seat and you had your keys in the glove box, all while your car was parked in a parking lot. This would likely not result in DUI charges.
On the other hand, if you were sleeping in the driver’s seat on the side of the road, and you had your keys in your pocket, then the police may arrest you. They may even claim that you were likely driving shortly before they found you, and you only passed out or pretended to be asleep to try to avoid the DUI charges.
Cases like this can be very complex, especially when the police tell a much different story than you do. It’s important to understand all of the legal defense options you have.