After a night of heavy drinking, many people choose to sleep in their cars as an alternative to drunk driving. While this may appear to be a good idea, law enforcement authorities do not think so.
According to Kansas law, a DUI is defined as operating or attempting or operate any vehicle while over the legal limit of .08 or while alcohol impaired to a degree which renders the driver incapable of safely driving. In order to “operate” a vehicle, you must actually move it forward or backward. On the other hand, “attempting to operate” a vehicle means to try to move the car and fail.
With that being said, it is possible to be arrested for DUI in Kansas even if all you are doing is sitting in your car with the radio, AC or heater on. Even if the ignition is turned off, it is still possible to be arrested for a DUI, especially if your keys are in the ignition since such an act could be construed as attempting to drive.
This means that if you have been drinking and decide to sleep in your car, you need to take certain steps to avoid a misguided DUI arrest. First, remain in the parking lot or in a legal parking area instead of pulling over to the side of the road. The latter will definitely lead to a DUI arrest since you drove your vehicle before pulling over to rest. Next, you should sleep in the backseat of the vehicle and place your keys the glove compartment or otherwise out of your reach so that it is clear that you do not have ready access to control of the vehicle.
At Rokusek Stein Law LLC, we advise you not to sleep in your car. Rather, contact a designated driver to pick you up or request a ride from Uber or Lyft. We have successfully represented those charged with DUI in Kansas City for more than 30 years.
For more information, contact us and request a free consultation today.