You’re too drunk to drive, so you do what feels like the responsible thing. You climb into your car to rest until you’re sober. You never turn the wheel, you don’t even step on the gas. However, in Georgia, that doesn’t matter. Police can still arrest you for DUI, even if the engine stays off and the car never moves. The law focuses on whether you had control of the vehicle, not just if you were driving.
What Georgia law says about DUI and physical control
Many people believe DUI laws only apply when you’re driving. However, in Georgia, that’s not the case. State law also includes “actual physical control.” If you’re inside your car while impaired and appear able to drive, you face the same penalties. This means you can be charged even if the engine is off and you’re just sitting or sleeping in the driver’s seat.
Why sleeping in your car after drinking can still lead to a DUI
Many people think sleeping it off in the car is the responsible choice. But you can still be arrested for DUI, even if you’re not driving. If you’re in the driver’s seat with the engine running or the keys nearby, police may assume you were planning to drive. That’s enough for them to charge you with being in “physical control” of the vehicle.
Police look at several factors when deciding whether to make an arrest. They consider whether:
- You’re seated in the driver’s seat: You’re in control of the car
- Your car’s engine is running: You’re operating the car’s systems while impaired
- Your keys are either within your reach or in the ignition cylinder: You can start the car at any moment
- Your car is parked in a public location: Parking in public increases the chance of police contact
Even if you’re asleep, these conditions can lead to a DUI arrest. That’s why you should avoid sleeping in your car after drinking.
What to do instead of staying in your car
Sleeping in your car might feel like the safest option, but it can still lead to arrest.
If you’ve been drinking and can’t drive, focus on finding a solution that keeps you safe and out of legal trouble.
You can take safer steps:
- Plan ahead: Arrange a ride before you start drinking
- Call a friend: Ask someone sober to help
- Use a rideshare: Call a taxi or use Uber/Lyft
- Book a room: Stay at a nearby hotel or motel
- Ask for help: Let the staff at the bar or restaurant help you get home safely
A few smart decisions can keep you safe and out of legal trouble.
Stay safe and out of court
If you’ve been drinking, don’t take the risk. Get out of the car completely. Even something as simple as sleeping in the driver’s seat can lead to serious legal consequences. A DUI can cost you your license, damage your record, and create financial stress that you didn’t plan. Make the smart call before the police do.