{"id":737,"date":"2017-05-04T19:24:32","date_gmt":"2017-05-04T19:24:32","guid":{"rendered":"https:\/\/fiolinjurylaw.wpenginepowered.com\/blog\/can-i-get-a-dui-if-im-parked\/"},"modified":"2026-04-23T08:21:30","modified_gmt":"2026-04-23T12:21:30","slug":"can-i-get-a-dui-if-im-parked","status":"publish","type":"post","link":"https:\/\/www.fiolinjurylaw.com\/en\/blog\/can-i-get-a-dui-if-im-parked\/","title":{"rendered":"Can I Get a DUI if I\u2019m Parked?"},"content":{"rendered":"\n

Many gray areas exist regarding what the public truly knows about civil law. Many issues hinge on small technicalities that determine whether someone has technically broken the law or not. One such example lies in the phrase \u201cdriving under the influence.\u201d This may seem extremely straightforward, but gray areas come in when someone asks if drinking in a parked car counts as a DUI. Or if sleeping in your car while intoxicated, instead of driving home, truly is the safest option both physically and legally.<\/p>\n\n\n\n

Driving under the influence<\/a> typically implies that the driver has consumed, in some way, a substance that alters their state of being. Illicit drugs, alcohol, and even prescription medication fall under this umbrella. However, a DUI charge can also apply to those who fall asleep at the wheel.<\/p>\n\n\n\n

DUI While Sleeping<\/p>\n\n\n\n

Each state determines whether a driver can be charged with DUI while sleeping in their car. In states like Florida, where you can be charged with DUI, rules surround the circumstances of the charge. Most importantly, the driver must be impaired in some way and unfit to drive their car. If the driver satisfies this criterion, the police must then determine if the driver had control of the car. This requires some discrimination on the officer\u2019s part. For example, an impaired, sleeping driver who is sitting in the driver\u2019s seat with the engine running qualifies as being in control of the vehicle. In most cases, this is determined by how close the key is to the car\u2019s ignition, and how close you are to the driver\u2019s seat.<\/p>\n\n\n\n

Falling asleep while on a roadway is both dangerous and qualifies for a DUI. Police officers do not know what mental state you are in; for all they know, you could be black-out drunk or under the influence of an opiate that induced you to pass out. To prevent misunderstandings of this sort, you can think of drowsy driving as a subset of DUI, though in this case you\u2019d just be under the influence of sleep deprivation. Though this is not grounds for a DUI, an officer can still fine you for reckless endangerment if they aren\u2019t patient enough to let you off with a warning.<\/p>\n\n\n\n

What Details Do Prosecutors Count as Evidence?<\/p>\n\n\n\n

If an officer does charge you with DUI while sleeping in your car, you can challenge this in court. The prosecutor will look for several details that could be used as evidence against you to prove that one of several scenarios took place.<\/p>\n\n\n\n

You drove the car <\/strong>before falling asleep (driver-related evidence):<\/p>\n\n\n\n