Don’t Sleep in Your Vehicle When Intoxicated
In North Carolina, you can be charged with DWI without driving anywhere. Under G.S. § 20-4.01, you “operate” a vehicle if you are in actual physical control while it is in motion or the engine is running. Sleeping it off in the driver’s seat with the engine on can lead to a DWI charge.
State DWI Laws
In North Carolina, in order to be found guilty of drunk driving, an individual must be operating a vehicle. But what specifically does it mean to “operate” one? Under state law, an operator is “a person in actual physical control of a vehicle which is in motion or which has the engine running.” Even if the vehicle is parked, if the engine is running someone can be charged with DWI, even if they are asleep. For instance, if it’s wintertime and you decide to sleep in the back seat of your car but you turn the car on solely for the heat, you could still be charged with DWI. However, if you are asleep in the back seat of your car but you do not turn the engine on, you may have a solid defense against DWI since you can argue that you were not operating the vehicle.
So What Should You Do Instead?
If you have been drinking it’s best not to sleep it off in your vehicle. Instead, try calling a friend or family member to come and pick you up. Alternatively, you can call a rideshare company, such as Uber or Lyft, to come and get you. Another possibility is to ask the host (if you are at someone’s house) if you can stay the night. If for whatever reason you have no choice but to sleep in your car, always do so in the back seat. But before you do, place the keys in the glove compartment, under the front seat, or in the trunk.
Charged with DWI After Sleeping in Your Vehicle in Carteret County?
If you or a loved one has been charged with DWI, it can be extremely overwhelming, especially if you had no intention of driving. A conviction for DWI can have an immense impact on many aspects of your life. That is why it is in your best interest to consult with a knowledgeable and experienced criminal defense attorney as soon as possible.
At Hancock Law Firm, PLLC, Joel Hancock understands exactly what is at stake, and he will do everything he can to help you fight these charges. To learn more or to schedule a free consultation, contact him today!
