Going out for drinks with friends is a common way to unwind at the end of the week. Many head to bars, restaurants or local pubs to relax. If you drove, you might wonder, “Should I take an Uber or Lyft, or just rest in my car before driving home?”
This predicament can have serious legal implications when you choose the wrong one. It’s important to understand that simply dozing away a high blood alcohol content isn’t a foolproof solution. There are certain things you need to know to avoid legal risks.
New Jersey’s DUI laws and sleeping in the car
New Jersey takes driving under the influence (DUI) very seriously. Even if you’re asleep in your parked car, you could still be charged with DUI. The law has a broad definition of “operating” a vehicle, including:
- Vehicle control: Being in control of the vehicle (like sitting in the driver’s seat), even if it’s not moving
- Key possession: Having the car keys, whether they’re in the ignition or not
- Proximity to driver’s seat: Being in or near the driver’s seat, awake or asleep
- Engine running: Having the engine running (even for heat or air conditioning)
- Driving indicators: Being in a position that suggests you recently drove or plan to drive soon
- Intoxicated in vehicle: Sleeping in your car while intoxicated, even if you don’t intend to drive
If police find you in any of these situations, they might assume you were about to drive or had just finished driving. It’s not about what you actually intended to do; it’s about what it looks like you intended to do.
Resting it off is not a safe alternative
Thinking that you can safely sleep off the alcohol in your car is a common misconception that can land well-meaning folks in hot water. Even if you rest, the alcohol remains in your system. If police test your blood alcohol content (BAC) and it’s above the legal limit in New Jersey (0.08%), you can still be charged with DUI. An officer’s belief that you might drive, combined with your BAC, can lead to an arrest, even if you planned to sleep it off.
Consider other options, like getting a ride from a friend or using a ride-sharing service, to get home safely. It’s always best to be safe. Your freedom depends on it.