Many Alabama drivers think sleeping in their car after having a few drinks is a smart alternative to driving home. This decision seems responsible but might actually land you in legal trouble.
Alabama police can charge you with DUI even if your car isn’t moving and you’re fast asleep. You should know about something called “actual physical control” that determines whether you could face charges in this situation.
What is actual physical control?
Officers look at several factors when deciding if you had control of your vehicle while intoxicated. These details matter significantly in how your situation gets interpreted:
- Key location: Where you keep your keys affects your case. Keys in the ignition suggest you could drive immediately, while keys in your pocket or glove box might show less control.
- Seating position: Sleeping behind the wheel creates more suspicion than resting in the back seat or reclined passenger seat.
- Engine status: A running car almost always indicates control, especially in cold or hot weather when you might need heating or air conditioning.
- Vehicle location: A car in a bar parking lot tells a different story than one pulled onto a highway shoulder, which suggests you drove while impaired before stopping.
Alabama judges consider these elements together when determining if you violated DUI laws. Your specific situation and the surrounding circumstances play a huge role in the outcome of your case.
How to stay safe and legal
Taking precautions can help protect you if sleeping in your car becomes your only option after drinking.
- Consider using rideshare apps as your first choice
- Ask a friend for a ride home
- Move to the back seat if staying in your car
- Store keys away from the ignition
- Park somewhere legal and safe
Planning your transportation before you start drinking remains your best strategy. Most officers appreciate genuine efforts to avoid drunk driving, but they must follow the law when they find someone who appears impaired in a vehicle.
Alabama created these laws to keep everyone safe on the roads. You can avoid unexpected legal problems by understanding how “actual physical control” works and making smart plans before your next night out.
