Can I Get a DUI for Sleeping in a Parked Car?

Marshawn Lynch was arrested in Las Vegas last week on suspicion of DUI.  Officers allegedly found Beast Mode asleep behind the wheel of a parked car.  The story inspired me to write a blog post about a question that I hear a lot: can I be arrested for DUI if I'm found sleeping in my car?  Does it matter if the keys are in the ignition?

The answer is different from state to state.  In some places, like Nevada, a defendant can be found guilty of DUI if he is "in control of a vehicle" while under the influence of alcohol.  Other states, like California, require prosecutors to prove that the defendant "operated a vehicle" while under the influence.  That subtle distinction - "in control of" vs. "operated" makes a huge difference in practice.  

Under the Nevada law, a defendant who is passed out in a parked car could be found to be "in control of the vehicle" if the keys are in the ignition.  I am not licensed to practice in Nevada, so I don't intend to make this post into a detailed analysis of Nevada law, other than to note this important point.

In California, a defendant is not guilty of DUI unless prosecutors can prove that he or she "operated a vehicle", and that the defendant's blood alcohol concentration (BAC) was >0.08% at the time of driving.  "Operating a vehicle" involves exercising some control over the movement of the car -- even moving one inch.  Simply sleeping in a parked car is not necessarily a DUI in California unless prosecutors can prove the defendant was drunk when he /she parked the car.  It makes no difference whether or not the keys are in the ignition when police discover the sleeping suspect.  

Of course, police in California can still arrest a suspect if the person is found drunk in a public place.  The interior of a car is considered a "public place" if the car is parked somewhere that is generally accessible to the public, regardless of who actually owns the land.  In California, we call that "drunk in public".  In Nevada, they call it "DUI".  Since the Nevada DUI statute is broader than the same law in California -- it encompasses behavior that would not be considered "DUI" in California -- DUI convictions from Nevada are not counted as "priors" in California.

If you or a loved one has questions about a DUI arrest in California, call us for a free attorney consultation.  (714) 449-3335.  Ask for John.  

Thanks for reading. 

Fullerton DUI Lawyer