If it has been a long night and you have had more to drink than you intended, it may be tempting to sleep it off in your car.
While this is a better alternative than driving your vehicle, you may be better off calling a cab instead.
Operating a vehicle without driving
According to FindLaw, Alaska defines operating a vehicle broadly. Essentially, if you are inside the car and are in physical control of the vehicle, you may still receive a charge for driving under the influence, even if you do not intend on driving. If you fall asleep in the driver’s seat with the keys in your hand, for example, a police officer may determine that you had the intent to drive and cite you with a DUI.
If you think that waiting in your car for a taxi to arrive is a safe bet, think again. Especially if you turn the ignition to keep yourself warm while you wait. This can also land you a DUI charge.
If you must sleep in your car
If you absolutely must sleep in your car while intoxicated, it may be best to take the following actions:
- Do not sleep in the driver’s seat. Move to the back seat if possible, or at least the passenger’s seat
- Do not have your keys on your person. If possible, stash them in a safe place out of reach
It will be easier to convince the officer that you were not planning on driving if you are not in immediate possession of your keys, or in the driver’s seat.
The best thing to do is to plan your evening before you leave the house to ensure that you have a ride home.
