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Should you sleep it off in your car to avoid a DUI?

It is paramount for drivers of all ages to learn the dangers of driving while under the influence of alcohol. First responders recently went to a local high school to simulate a drunk driving accident to teach teens the dangers of driving while intoxicated during prom season. 

You have plenty of options to get home if you consume too much alcohol to drive. You can call an Uber or utilize public transportation. A friend or family member can also pick you up. A lot of people consider the benefits of sleeping it off in their cars until they feel sober enough to drive again. However, you can actually get a DUI through this even though the cops did not catch you driving. It all comes down to having physical control of the vehicle. 

What constitutes physical control?

A lot of people will drive at first only to realize halfway home they should not drive at all. They will pull over and sleep it off. The cops may see the vehicle and wonder why the person is sleeping. They can perform breath tests and other sobriety tests to determine if the person had any alcohol in her or his system. Even if the person's blood alcohol concentration is below the legal limit, the cops will assume she or he drove with a higher BAC and still place that person under arrest. 

The cops may see your vehicle in a parking lot, and they can arrest you under these circumstances, too. They may arrest you if you demonstrate you had physical control of the vehicle and could have driven off at a moment's notice. Signs you had physical control include having your keys in the ignition or the engine is still hot. If you must sleep in your car, then you should stay in the parking lot. You should keep the keys in the backseat or glove compartment. You should also sleep in the backseat rather than the driver's seat. 

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