Why did I get a DUI for “sleeping it off” in my car?

On Behalf of | Oct 6, 2022 | DUI Defense

You thought you were being responsible by sleeping in your car after a night out drinking with friends in Colorado but ended up getting charged with a DUI anyway.

You probably have a lot of questions. Here are some answers to help you make sense of your situation.

Why did I get a DUI for “sleeping it off” in my car?

Whether you actually drive your vehicle or not, in Colorado, you can still receive a DUI if authorities deem that you are in physical control of the vehicle and have the ability to operate it. Some factors that may lead authorities to infer control of your vehicle include:

  • Sitting in the driver’s seat
  • Keys in the ignition
  • A warm engine
  • Tire tracks leading to your vehicle

What actions can I take to protect myself from a DUI?

To avoid any suspicion of driving under the influence, the surest way to protect yourself from a DUI is to get a ride home with a sober driver, such as a friend, family member, or rideshare service. If none of these options are available to you and sleeping in your car is the next safest choice, there are ways to potentially protect yourself from a DUI. You should sleep in the backseat or passenger side of the vehicle and place your keys as far away from you in the vehicle as possible. Additionally, do not start or move the car.

Knowing what Colorado law says about “sleeping it off” in your car can help you stay out of hot water with the law in the future.