You feel fine while you’re drinking, but the moment you step outside, the air hits you, and you realize you are too intoxicated to drive home. It probably makes sense for you to take a nap in your car while you sober up.
Law enforcement would disagree.
What is “actual physical control?”
In Indiana, you can be charged with operating while intoxicated (OWI) if you drive or are in control of a vehicle while having a blood alcohol concentration (BAC) of at least 0.08% or are impaired by drugs, alcohol or a combination of both to the point you can’t safely operate a vehicle.
Napping in your car, rather than driving home intoxicated, may seem like the responsible option. However, Indiana’s law enforcement interprets “actual physical control” of a vehicle to mean you have the ability to operate your car, even if you aren’t driving it. Simply being in a position where you could start driving your vehicle may be enough for an OWI charge. Here’s what law enforcement and the courts would evaluate:
- Your location in the vehicle: Being in the driver’s seat could mean you were in “actual physical control,” whereas being in the passenger side or back seat could be proof you had no intention of driving.
- The location of your keys: Having the keys in the ignition, in your hand or nearby could be used as evidence that you intended to use the vehicle. If the keys are stored in the trunk or glovebox, they are not easily accessible.
- The engine: If you turn your car on for heating or air conditioning, it could suggest the possibility of driving.
If you feel intoxicated and realize driving isn’t an option, you can arrange for a ride share or taxi to get you home safely. If you need to sleep in your car, move to the back seat and store the keys out of reach.
If you are facing OWI charges for sleeping in your car while intoxicated, you will want to contact a legal professional. They can review the circumstances leading up to the charges and work with you on a defense strategy to achieve the best possible outcome for your situation.
