Getting a DUI is a big deal and can lead to legal penalties. In 2019, more than 1 million people were arrested for driving under the influence (DUI) in the United States, according to the Federal Bureau of Investigation’s (FBI) Uniform Crime Reporting (UCR) Program. However, it’s essential to know that you can be charged with DUI even if you weren’t driving at the time.
Sleeping in Your Car Can Lead to DUI Charges
In Virginia, having a blood alcohol content (BAC) of 0.05% or higher can indicate impairment. A BAC of 0.08% or more is considered legally intoxicated. If you’re caught driving with a BAC at or above 0.08%, you can be charged with a DUI. While some individuals may choose to sleep in their cars to avoid driving under the influence, this decision can still lead to legal trouble. Virginia law prohibits driving or being in control of a vehicle while impaired. Even if you’re not actively driving and are found in the driver’s seat with keys within reach, it could result in a DUI charge.
You can be charged with DUI simply by appearing to intend to drive. For example, if you are sleeping in the driver’s seat with your keys nearby, it may look like you planned to drive but fell asleep. If you need to sleep in your vehicle, it’s safer to do so in the backseat and keep your keys out of reach.
Intoxicated Outside Your Vehicle
The Role of Car Keys
Having car keys with you can lead police to believe you were driving under the influence, even if you weren’t. Suppose they find you intoxicated near your vehicle with keys in your possession or evidence of alcohol consumption. In that case, they might assume you were driving. This assumption can create legal trouble for you, as officers may argue that you intended to drive. Additionally, if witnesses report seeing you driving or swerving, this can strengthen the police’s case against you. To avoid such misunderstandings, it’s crucial to keep your keys out of reach if you are in a situation where you might be tempted to drink. Remember, even if you weren’t behind the wheel, having your keys can give law enforcement grounds to suspect you were planning to drive.
Witness Reports
Sometimes, witnesses may report seeing someone driving erratically. If they give the police your license plate number, they may come to your home and arrest you based on their statements. If this happens, you can defend yourself by:
- Showing you were not the person driving
- Proving you were not intoxicated while driving
- Providing a witness who can confirm you were sober
How to Avoid DUI Charges
The best way to avoid a DUI charge is not to drive after drinking. However, if you find yourself in a situation where you might be charged without actually driving, consider these tips:
- Have a Sober Friend: If you need to go to your car, have a sober friend walk with you and hold the keys.
- Unlock from a Distance: If you’re alone, unlock your vehicle from a distance and leave your keys behind.
- Sleep in the Backseat: If you must sleep in your car, do so in the backseat and keep your keys out of the ignition. Avoid having any open containers that suggest you were drinking and driving.
Let The KGO Law Firm Defend You
Facing a DUI charge can be frustrating, especially if you weren’t planning to drive under the influence. You have the right to fight these charges, and a lawyer can help.
At the KGO Law Firm, we can assist you in proving you had no intention of driving. We will gather evidence to support your case. Call us at (703) 988-3711 or (301) 840-0080 today for a free consultation, and let us guide you through your options.
