Many people believe they are making a smart and responsible choice to sleep in their car after a night of drinking. While sleeping in your car remains legal, doing so while drunk creates serious legal risks.
In Ohio, you can still face charges for operating under the influence (OVI). This situation catches many drivers by surprise, leading to unexpected legal troubles.
What operating a vehicle means
In Ohio, the law defines “operating” a vehicle broadly, including sitting in the driver’s seat with the keys accessible. If you’re behind the wheel and can control the car, law enforcement may view you as a potential risk. Even while sleeping, officers may consider you in control if you have the keys nearby. This interpretation aims to prevent impaired individuals from quickly starting the car and driving drunk.
Factors that can trigger an OVI charge
Even if you’re sleeping off your drunkenness, you could still face OVI charges if you meet all or some of the following:
- Sitting in the driver’s seat
- Having the keys in the ignition
- Having the keys
- Having the engine running
Moreover, sleeping drunk in your car carries risks even on your property. Ohio OVI laws apply on both public and private property, so your driveway may not offer any protection from OVI charges.
Staying safe and legal after drinking
Consider alternative ways to get home so you can avoid OVI charges. Responsible options include calling for a ride-sharing service or taxi or asking a sober friend for a ride home. Alternatively, you can sober up at a hotel or somewhere else.
If you have no choice but to sleep it off in your car, it is better to sleep in the back seat – not the driver’s or passenger’s. Additionally, keep the keys far from you such as in the glove compartment, and ensure your car engine is not running.
Make smart decisions to fight an OVI charge
Facing an OVI charge can feel overwhelming, especially if you thought sleeping off your intoxication was a smart choice. If this happens to you, do not hesitate to seek legal advice. An experienced attorney can help you explore possible defenses and work toward the best possible outcome.
