In British Columbia, you can indeed be charged with a DUI for sleeping in your car. DUI charges are not as straightforward as they may initially seem. You can be criminally charged not only for sleeping in your car while intoxicated but also for simply being in your car while under the influence, even if you’re awake. This means you cannot legally sober up in your car, whether you’re asleep or awake.
The exact laws can vary slightly among provinces and territories, but generally in BC, if you are found to be in care and control of a motor vehicle while impaired, you can face legal consequences. Understanding Your First DUI Offence in British Columbia provides a detailed explanation of the legal implications of a first-time DUI charge.
What is “Care and Control”?
“Care and control” refers to being in a situation where you have the ability to set the vehicle in motion, regardless of whether you are actually driving it at that moment. Sleeping in a car while intoxicated can be considered care and control if the circumstances indicate that you had the intention or potential to drive while impaired.
Police officers have the discretion to assess the situation and determine if you are in care and control of the vehicle. Factors they may consider include:
- Your location
- Whether the engine is running
- If the keys are accessible
- Your level of impairment
If they believe you pose a risk to yourself or others, they can proceed with a DUI charge for sleeping in your car. Steps to Take After Being Charged with a DUI in BC outlines the crucial actions to take following a DUI charge, including consulting a lawyer immediately.
Avoid Sleeping in Your Car While Intoxicated
Given the legal risks associated with being found in care and control of a vehicle while intoxicated, it is advisable not to sleep in your car. Instead, consider getting a ride home or booking a room if you are able to do so.
Legal Defenses and Strategies
If you are charged with a DUI for sleeping in your car, several legal defenses and strategies can be employed. For instance, the Carter Defence Strategy is commonly used in Canadian courts to fight DUI charges by challenging the accuracy of blood alcohol content (BAC) readings. Learn more about the Carter Defence Strategy.
For those who already have a DUI conviction and are looking to remove it from their record, Removing a DUI from Your Criminal Record provides a comprehensive guide on how to navigate the record suspension process.
Get Legal Help
Because much of this is up to police discretion, the enforcement of these laws can vary from town to town. If you have received a DUI in BC, it is crucial to seek legal assistance. The experienced DUI lawyers at Dhanu Dhaliwal Law Group can help you fight your charges and strive for the best possible outcome for your case. Contact us today or fill out the contact form on our website.
For additional insights on how to beat a DUI charge in BC, visit How to Beat a DUI Charge in British Columbia.
