Sleeping in Your Car After Drinking? Why You Could Still Face a DUI Charge in Virginia
Understanding ‘Physical Control’ in Virginia DUI Law
Most people believe that sleeping off a few drinks in their car is the responsible choice, especially if they know they shouldn’t be driving. But in Virginia, simply being in your car while intoxicated can still lead to a DUI arrest, even if the vehicle isn’t moving. In a recent episode of Hey Nicole, attorney Nicole Naum of Battlefield Law Group explains how one man learned this lesson the hard way after falling asleep in the driver’s seat with the keys in the ignition.
Under Virginia law, a person does not have to be actively driving to be charged with Driving Under the Influence. Instead, the legal standard focuses on whether the person is in “actual physical control” of the vehicle. That’s a broad definition, and it can include situations where the car is parked, the engine is off, and there’s no intent to drive. If you are sitting in the driver’s seat, and the car is operable, especially if the keys are in the ignition or within reach, law enforcement may assume you had the ability and potential intent to drive. That assumption alone is often enough for an officer to initiate an arrest.
In the video, Nicole shares that if you ever find yourself in a situation where you’ve been drinking and need to rest in your vehicle, there are critical steps you should take to reduce your risk. First, make sure the car is completely turned off and the keys are not in the ignition or anywhere accessible. The safest option is to physically remove yourself from the driver’s seat and move to the backseat. Lying down in the rear of the car shows a clearer intent not to operate the vehicle. While these actions won’t guarantee that you won’t be questioned or even charged, they may provide important context that can later be used in your defense.
DUI charges like these are often misunderstood, and many people don’t realize that simply being in their car could trigger legal consequences. At Battlefield Law Group, we regularly work with clients who are shocked to find themselves facing serious charges after making what they believed was the safer choice. The key to these cases often lies in challenging whether the Commonwealth can truly prove “physical control” and whether the officer’s interpretation was reasonable under the circumstances.
If you’ve been charged with DUI in Northern Virginia, even if you weren’t driving at the time, you don’t have to face it alone. Our attorneys stay at the forefront of DUI defense strategy, and we take the time to understand every detail of your case. Battlefield Law Group proudly serves clients throughout Prince William, Fairfax, Loudoun, Stafford, Fauquier, Culpeper, Frederick, Spotsylvania, Winchester, and Warren counties. Our office is conveniently located in Manassas, within walking distance of the Prince William County Courthouse.
Don’t let one decision define your future. Contact us today to schedule a confidential consultation and learn how we can help.
Watch the related video from our Hey Nicole series here:
https://youtube.com/shorts/u2QdX9eOKY0?si=Mv7DfrlpdAbnezuG
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this content. For advice related to your specific situation, please contact a qualified attorney.
