Legalities of Sleeping in Your Car When Drunk: A Guide for UK Drivers

Have you ever found yourself out late at night, perhaps at a party or a night out, feeling too drunk to drive home but not sober enough to park the car safely and walk? This common predicament often leaves drivers in a dilemma, wondering if it's legal to sleep in their car. This article explores the legalities and provides guidance for UK drivers who find themselves in this situation.

Legal Implications of Being Drunk and in Control of a Car

Being drunk and in control of a motor vehicle, including cars, while over the legal alcohol limit is strictly forbidden. The UK legal system defines 'in control' as being able to drive the vehicle if necessary. This means that simply sitting in the car with the keys could also be considered 'being in control.' However, recent case law has shown that the police must prove a clear intent to drive to charge someone with this offense.

For instance, a notable case involved a husband who fell asleep in his parked car after drinking heavily. When the police approached, he explained his condition. The officers granted him permission to rest but reminded him to be safe. This incident highlights the importance of demonstrating no intention to drive, especially if under the influence.

Best Practices When Feeling Too Drunk to Drive

If you find yourself in a situation where you are too drunk to drive but not ready to call a taxi, consider the following:

Stay in the Back Seat

Sleeping in the back seat of the car, with the keys secured away from you, can help demonstrate to law enforcement that you have no intention to drive until you are sober. Placing the keys under the car seat or on the floor hidden from view is a smart move. While asleep in the back seat, the risk of a frisk search by the police is higher, so if you are not expecting to be questioned, this can be a safer option.

If you must sleep in the front seat, make sure the car is in Park and the handbrake is engaged. Keeping the keys in a safe location, such as under the seat or in a glove compartment, can also help demonstrate that you have no intention to drive.

Use Caution and Respect Local Rules

Be mindful of the location of your car and any boundaries or permissions. Sleeping in a stranger's car can be risky, as both the driver's and the car owner's situations may change quickly. Similarly, sleeping at a stop sign, in the middle of the road, or in a no-parking zone can attract attention from law enforcement.

Consequences of Being Found Drunk and Sleeping in Your Car

If you are found by the police and questioned, be prepared to answer their questions about where you drank and why you chose to sleep in the car. Providing clear answers can help the situation, but if you are still over the legal limit, you may face charges.

The police can also conduct a breathalyzer test if you are found in the car. Refusing to cooperate could lead to additional charges, such as obstructing the police or interfering with a constable in the execution of their duty.

Alternatives to Sleeping in Your Car While Drunk

Instead of risking a legal headache, there are better options:

Call a Ride-Sharing Service

Services like Uber or Lyft can provide a safe ride home, ensuring you arrive sober and in one piece.

Ask a Friend for a Lift

Reach out to a sober friend who can give you a ride home. This is a simple and effective solution without the risks.

Stay at a Friend's Place or Pub

Many pubs and clubs have extending hours where they allow patrons to stay and sleep for the night. Alternatively, you can stay at a friend's house or rent a hotel room to avoid the risks of driving while intoxicated.

Lastly, if you must sleep in your car, make sure to park in a safe and secure location to avoid any additional risks, such as property damage or theft.

Conclusion

While there are no legal restrictions on sleeping in your car while drunk, demonstrating you have no intention to drive until sober can minimize legal risks. Always prioritize safety and consider safer alternatives such as ride-sharing services, friends with a clean driving record, or a hotel room.