March 2, 2015

Can I get arrested for sleeping in my car?

Speeding ticket

*actor portrayal

Yes. In Nevada, if you are intoxicated and asleep in your car, you can be charged with a DUI. Even though you were not driving the vehicle, so long as the key is in the car’s ignition, you are subject to penalty.

For defense against a DUI charge in Henderson,
contact Marchiano Law at 702-565-0473

Read on to learn about this lesser-known Nevada statute:

When Can You Be Charged With A DUI?

  • If your blood exceeds the alcohol limit or drug limit stipulated by the law
  • If your judgment is impaired due to alcohol or drugs
  • You are physically controlling the automobile

How Can You Be Physically Controlling a Parked Automobile?

According to the DUI law of Nevada, if the keys are in your car’s ignition, you are regarded as having control over the car regardless of whether the engine of your car is on or off.  Additionally, police can arrest you for DUI if:

  • You are parked on a road that is regarded as public
  • The headlights of your car are on

What If You Sleep In Your Car To Avoid Driving Drunk?

Although it is recommend that impaired drivers pull over rather than drive drunk, this does not affect the DUI law in Nevada. According to the law, there is no difference between driving drunk and sleeping in your car (keys in the ignition) when you are drunk.

What Penalties Do You Get For Sleeping Inebriated?

In Nevada, the punishment for sleeping in your car while drunk is similar to the penalties associated with driving drunk. DUI charges garner serious penalties. For a first time offender, you will get a jail sentence of six months or be liable to pay a fine of $1,000. Your driver’s license may be suspended for a period of three months. In some cases, the judge will do away with the sentence to jail if you attend safe driving classes.

How Can You Defend Yourself When You’ve Been Arrested for Sleeping in Your Car?

Your lawyer will evaluate the mechanical reliability of the breathalyzer used in your case if you suffer from a medical condition that renders chemical tests inconclusive or inaccurate. You can also receive an attorney’s help in examining if the police administered sobriety tests properly or helping you if you were penalized for refusing to take the breathalyzer. If you are charged with DUI in Nevada for sleeping in your car, contact John F. Marchiano Law at (702) 565-0473 to legally represent you in your DUI Case in the Clark County court system.