Following an evening or night of drinking, it is tempting to sleep in your car until you feel sober enough to drive home. After all, rideshares like Lyft or Uber may be expensive late at night. So, you might think that a decent nap will get you well-rested enough to safely drive home in a few hours.
Although it might seem like a good idea in the moment, sleeping it off after heavy drinking can still be grounds for a DUI in the State of California. No matter the circumstances, it’s always better to have a designated driver or hail a ride to get you home if you’ve been drinking beyond what you can handle.
Below, we’ll explain why you could get a DUI if a police officer finds you sleeping in your car after drinking.
What Does California Law Say About DUI?
The National Highway Traffic Safety Administration (NHTSA) reported over 11,000 preventable deaths in drunk driving incidents in 2020, showing the impact of DUIs on highway safety.[1]
It is no surprise that California’s legislature comprises several laws related to driving under the influence of alcohol.
Let’s break down these DUI laws.
California Vehicle Code 23152
California State Law prohibits anyone from driving a vehicle under the influence of alcohol. You can even get arrested for driving with open containers of alcohol in your car.[2]
According to California Vehicle Code 23152, if you drive a vehicle with blood alcohol levels at or above 0.08% by weight, a police officer can arrest and charge you with a DUI.[3]
The 0.08% alcohol level used to charge drivers with DUIs is calculated based on the grams of alcohol in:[4]
- 100 milliliters of blood
- 210 liters of breath
Unless proven otherwise, a DUI suspect’s blood alcohol levels reported at or above 0.08% by a blood alcohol chemical test will be considered accurate if the suspect was tested within three hours of being caught driving.[5]
If your blood alcohol can be tested a few hours after being pulled over and still be considered accurate, a nap for the same amount of time probably isn’t enough to sober up.
California Penal Code 836
Although Penal Code 836 does not explicitly address DUIs, it provides legal grounds upon which a police officer can arrest you on suspicion of an offense like a DUI.[6]
Penal Code 836 permits a police officer to arrest you if:[7]
- There is probable cause that you committed a public offense with the officer present.
- You committed the DUI in the absence of the officer.
- There is probable cause that you committed a felony.
Based on the above clauses, a police officer may arrest you if there’s a slight hint that you were driving under the influence of alcohol or some other recreational drug—even when you’re sleeping in your car.
California Penal Code 647
Under California Penal Code 647(f), you may be charged with a misdemeanor of disorderly conduct if you are found intoxicated by alcohol or drugs in a public place, especially if your behavior demonstrates an inability to care for your safety or that of others.[8]
However, although you may be charged for violating Penal Code 647(f) while sleeping in your car, it may not constitute a DUI if there is proof that you were not driving the vehicle at the time of the arrest.[9]
Even with all these laws, there are several caveats to being convicted of a DUI in these circumstances.
Circumstantial Evidence is Required to Prove a DUI
If you are arrested for a DUI, circumstantial evidence can help plead your case and prove you were not driving under alcohol or drug influence. But this means you must present sufficient evidence to prove you were not operating the vehicle—even while sleeping in it.
People v. Wilson – Circumstantial Evidence in Play
An example of a case where the evidence pointed to the defendant driving under the influence of alcohol is “People v. Wilson (1985)”. Here, the defendant, Ronald Wilson, appealed a misdemeanor complaint filed after he was found violating Vehicle Code 23152.[10]
However, the court determined the defendant was driving under the influence of alcohol at the time of arrest based on the following circumstantial evidence:[11]
- The car was in the middle of the street.
- The car engine was running.
- The car lights were on.
- He was seated behind the wheel.
The jury also found the defendant guilty and determined that no one else drove the car but the defendant himself. Therefore, he was guilty of the DUI offense.[12]
Based on the arguments presented in the above case, circumstantial evidence may support the DUI offense for which you are arrested when sleeping in your car if the following is true:
- Your car engine was still running or was found warm when the police officer found you.
- Your car, or a part of it, was in the roadway and could present risks to other road users.
- Your car was in any other gear besides parking when officers approached the vehicle.
- You were seated in the driver’s seat when officers approached the vehicle.
Although circumstantial evidence proving you didn’t drive the car you were found sleeping in can help plead your DUI case, most of this evidence is subjective at best.
For example, in hotter summer months, the engine may remain warm for several hours after turning it off. Alternatively, you could leave the car engine running in colder months to keep yourself warm and sleep off on the side of the road.
That’s where a DUI lawyer can help ensure your defense is presented the best way possible.
Depending on the time of day the police officer finds you sleeping in your car, the officer may be quick to assume that you are under the influence of alcohol. Therefore, it is essential to remain as calm as possible and tell the officer you’d like to have a lawyer present when answering questions.
You’re Arrested for a DUI. Now What?
If you are arrested for a DUI, you will be prosecuted depending on the specific incident and your driving history. The prosecutor will charge the DUI either as a misdemeanor or a felony. Whether you are charged with a DUI misdemeanor, felony, or both, the charge(s) for the incident will be considered a single DUI conviction.
Typically, first-time DUI misdemeanor offenders may not serve jail time. For example, it is common for first-time offenders to be penalized with 90 days of restricted driving. And in most cases, working with an experienced lawyer can help these offenders reduce the charge considered for the DUI offense.
It’s Time to Lawyer Up!
If you are arrested for a DUI in California, the best way to deal with the DUI is to speak to a Los Angeles DUI attorney. DUI cases are often complex and require significant legal knowledge and experience, especially in the context of California laws.
DUI lawyer Craig Sturm understands this is a difficult and overwhelming time for you. To schedule an initial case review, please complete this form or call the law firm directly at 310-820-1315 with any additional questions you may have.
Contact us today for a free, private, and confidential consultation!
[1] NHTSA. Drunk Driving. https://www.nhtsa.gov/risky-driving/drunk-driving
[2] California Legislative Information. Vehicle Code 23222.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23222
[3] California Legislative Information. Vehicle Code 23152. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
[4] California Legislative Information. Vehicle Code 23152. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
[5] California Legislative Information. Vehicle Code 23152. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=23152
[6] California Legislative Information. Penal Code 836. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=836
[7] California Legislative Information. Penal Code 836. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=836
[8] California Legislative Information. Penal Code 647. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647
[9] California Legislative Information. Penal Code 647. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=647
[10] Justia US Law. People v. Wilson (1985). https://law.justia.com/cases/california/court-of-appeal/3d/176/supp1.html
[11] Justia US Law. People v. Wilson (1985). https://law.justia.com/cases/california/court-of-appeal/3d/176/supp1.html
[12] Justia US Law. People v. Wilson (1985). https://law.justia.com/cases/california/court-of-appeal/3d/176/supp1.html
