People who have had too much to drink while at a bar or social event often need to evaluate their options for how to get home. Some people try to find an alternate ride home so that they don’t need to drive. Others might attempt to sober up before leaving. One of the solutions for reducing a driver’s blood alcohol concentration (BAC) is to sleep off the alcohol before driving.
When people sleep, they may have a lower BAC after a few hours. Typically, the human body can break down about one drink’s worth of alcohol per hour. Depending on how much a driver may have over-indulged, they may need to wait a few hours or until the next morning to be able to safely and legally drive.
If someone drinks at someone else’s home or overindulges at a bar or restaurant, they may want to sleep off the alcohol in their own vehicle. Do intoxicated drivers resting in their vehicles have to worry about getting arrested for a driving while intoxicated (DWI) offense?
Active driving isn’t necessary for a DWI
Despite what the name implies, a DWI offense doesn’t always have to involve a driver operating a vehicle on public roads. In some cases, the state can bring charges against those who are theoretically in control of the vehicle even if the vehicle is not moving or even running.
The wording of the DWI statute in New Jersey and prior court rulings have affirmed that being in physical control of a vehicle is enough to warrant DWI charges. If the state can establish that someone may have had the intent to drive, they may be at risk of prosecution.
Factors including having the vehicle’s key in hand and the location of the vehicle may influence whether state prosecutors choose to pursue DWI charges against someone sleeping in their vehicle after drinking. Sleeping in the back seat of the vehicle and keeping the keys separate can both be ways to reduce the likelihood of the state prosecuting a driver who tried to make the right choice after having too much to drink.
Learning more about how New Jersey handles DWI cases can be beneficial for those hoping to avoid charges that could affect their finances, reputations and careers. Even drivers in unusual situations may be able to fight their pending charges with the right strategy and support.