Many people assume that staying in their car to "sleep it off" after drinking is a responsible decision. While this might seem like a safe choice, Tennessee law could still consider you to be in "physical control" of the vehicle, which can result in a DUI charge. If you’ve been arrested for DUI while sleeping in your car, it’s important to understand the law and consult an experienced DUI attorney like the team at Herbert & Lux.
Understanding Physical Control in Tennessee DUI Cases
In Tennessee, DUI laws don’t only apply to individuals driving while intoxicated—you can be charged even if the vehicle isn’t moving. The key factor is whether you were in physical control of the vehicle. Courts in Tennessee interpret “physical control” broadly, so even sitting in a parked car could lead to a DUI charge if certain conditions are met.
Some situations where physical control might apply include:
- Sitting in the driver’s seat with the keys in the ignition
- Having the engine running while you are intoxicated
- Being parked on the side of the road with access to the vehicle’s controls
Factors Courts Consider in DUI Cases
When evaluating whether someone was in physical control of a vehicle, Tennessee courts review various factors, such as:
- Key location: Were the keys in the ignition, in your hand, or stored somewhere away from the driver?
- Seating position: Were you in the driver’s seat or a passenger seat, like the back?
- Engine status: Was the vehicle running or completely turned off?
- Vehicle location: Was the car parked in a safe, private area or on the side of a public road?
- Proximity to hazards: Could the vehicle be easily driven or pose a risk to others?
By looking into all of these details, the court determines whether you had the potential to operate the vehicle, even if you were asleep.
Can You Get a DUI If You’re Not Driving?
Yes, Tennessee law allows for DUI charges even if you weren’t actively driving. This means that being in your car while intoxicated can be enough for an arrest if the circumstances suggest you were in control of the vehicle. For example:
- If you’re sitting in the driver’s seat with your keys, even if the engine isn’t on, you could face charges.
- Being found in a parked car with the keys on your person might indicate intent to drive, leading to an arrest.
Prevention Tips to Avoid DUI Charges
Avoiding a DUI doesn’t just mean refraining from driving while impaired. Here are some steps to protect yourself and others:
- Plan ahead for a sober ride: Arrange for a designated driver before going out or use rideshare services like Uber or Lyft.
- Opt for public transportation: If available, buses and trains provide a safe alternative to driving.
- Stay overnight nearby: Book a hotel or plan to stay with a friend if you’re drinking away from home.
- Secure your keys: Keep your keys out of reach to avoid any suggestion that you intended to drive.
By taking these precautions, you can reduce the risk of facing a DUI charge.
Facing a DUI Charge? Contact Herbert & Lux
Being charged with a DUI in Tennessee can have serious consequences, including fines, license suspension, and even jail time. If you’ve been arrested for sleeping in your car while intoxicated, it’s crucial to work with an experienced attorney who can help protect your rights. The team at Herbert & Lux understands the nuances of Tennessee’s DUI laws and will fight to achieve the best outcome for your case.
If you’ve been charged with a DUI, reach out to Herbert & Lux today for a consultation. Don’t face this alone—we’re here to help.
