Most people have a hard time determining when they have had too much to drink. People often underestimate their level of impairment and could end up arrested for a driving under the influence (DUI) offense when they thought they could drive legally.
Sometimes, drivers readily acknowledge that they should not drive given their current situation. Some people can grab a ride home with friends after a party or an evening out celebrating a promotion. Others might need to call for a taxi or rideshare vehicle when those options aren’t reasonable. When someone can’t leave their car behind, they might try to come up with an alternative solution.
Getting some sleep is one of the most effective ways to sober up after drinking. Unfortunately, people who sleep in their vehicles might still be at risk of DUI charges.
Despite the name of the offense, a police officer does not necessarily need to spot someone driving to arrest them for a DUI. Currently, the rules in New Jersey allow for DUI charges when someone impaired by alcohol or drugs is in actual physical control of a motor vehicle.
Being present in the vehicle with the car keys readily available is often all that is necessary to justify DUI charges if someone is over the legal limit for their blood alcohol concentration (BAC). Prosecutors do not need to prove that someone had driven, only that they easily could have and were in control of the vehicle at the time of their arrest.
Some people can reduce their risk of a DUI arrest while trying to sleep off their drinks by leaving their keys elsewhere. If someone is not in possession of the keys, they cannot drive the vehicle. Sleeping in the backseat rather than the driver’s seat could also reduce the likelihood of the state claiming that someone had just driven or intended to drive. In general, however, the safest option is to find alternate transportation or a different place to rest.
Responding appropriately to New Jersey DUI charges typically requires a thorough understanding of the law. Those facing allegations because they tried to sleep in their vehicles after consuming alcohol may need help planning a criminal defense strategy, and that’s okay.
