Drivers in Massachusetts are required to operate a vehicle responsibly, and part of that is not driving while under the influence of alcohol or drugs. Unfortunately, some drivers drink too much and get behind the wheel. In some instances, the driver may realize they should not drive and decide to sleep it off in the vehicle before driving anywhere. While this may seem like a responsible move, this may backfire and result in a DUI arrest anyways. While there are some tactics you can take to decrease the chances of arrest, it may be best to get a hotel room or call a sober driver to drive you to your destination.
According to FindLaw, many states regard the D part of DUI to also mean potential to drive. This means that even if you did not drive anywhere, if evidence points to potential you may be screwed. The courts will investigate a number of factors to determine guilt. These include:
- If you keys are in the vehicle, and where
- Your vehicle location
- Your sleeping location
- If your vehicle was able to be operated
If you must sleep in your car, it is recommended you get in the back seat and put your keys in the trunk. While this does not guarantee you are off the hook, your chances of not being arrested may be better.
WOWT News reports on the arrest of a man who had no intention of driving, was arrested and eventually had his case dropped. He was arrested after officers found him asleep in the passenger seat with a pair of keys on the seat next to him. It turns out the key was only for unlocked the door; the ignition keys had been taken by the bartender. Because of that fact, the charges were dropped, but they would have stuck had the ignition keys been inside the car.