DUI While Sleeping

As ironically contrary as it may sound, DUI while sleeping is not a joke or something made up by someone who had nothing better to do with their time. DUI, which means driving under the influence, typically refers to when a motor vehicle is moving. However, over the years and due to some of the most horrific accidents, many states have statutes that govern a situation known as DUI while sleeping.

What DUI Sleeping Actually Means

DUI sleeping is the term that has been developed to address different ways that people may be in a motor vehicle behind the wheel drunk but not actually driving. DUI sleeping means that you can be in your car, be drunk and be asleep behind the wheel and still get a ticket, even if your vehicle is not running. One condition of DUI sleeping is that your keys are in the ignition. DUI sleeping can be the result of simply being in the wrong place at the wrong time but it is still your responsibility to ensure that you are not in a motor vehicle operational position while you are under the influence of alcohol.

How You Can Avoid DUI While Sleeping

If you have been drinking, you should not drive, it’s that simple. Sometimes, people who have only had a drink or too can drive safely and get to their destination without a problem. When you have had enough drinks to be DUI, you are putting yourself and others at risk. The best way to avoid DUI while sleeping is:

• When you know you’re going to be drinking heavily, designate a driver and give your keys to them at the beginning of the night.
• Leave your vehicle at home and take a cab to and from your destination.
• Take public transportation where available.
• Don’t get behind the wheel of any vehicle.
• If you are out of town, plan to get a hotel room at a nearby hotel and walk or take a shuttle back to your room.

DUI while sleeping is considered a serious offense just as other driving under the influence infractions are. If you are determined to be DUI while sleeping, you are subject to the same penalties as any other infraction that involves alcohol and driving. This means you will most likely have to go to some sort of alcohol education program when the judge finds you guilty. There may be some exceptions, such as having someone place you behind the wheel and you fall asleep there but this will place the burden of proof on your when you appear before the judge. In such a case, it is best to have an attorney to represent you so that you are able to benefit from their expertise.

Contact one of our experienced drunk driving lawyers in your area today!