With warmer nights and late outings, you might feel like sleeping in your car instead of driving home under the influence. While this may seem like a safe option, it’s not always legal. In Maryland, sleeping in your car while drunk could still lead to a DUI (Driving Under the Influence) charge. If you’re in this situation or want to know the law, read on before making a decision.
Is Sleeping in Your Car While Drunk a Crime in Maryland?
Yes, it can be. Even if your car is parked and you have no plans to drive, Maryland law allows police to arrest you for DUI if they believe you were in “actual physical control” of the vehicle while intoxicated.
That means, if you’re in a condition where you could drive, you may still be charged—even if you never moved the car. This is why sleeping it off inside your car is risky, even if your intentions are good.
How to Lower Your Chances of a DUI While in a Parked Car
If you absolutely must sleep in your car, follow these tips to avoid showing any sign that you planned to drive:
Don’t move your vehicle at all
Even rolling it a few feet can be seen as an attempt to drive.
Avoid turning the engine on
Running the engine, even for heat or air, can suggest you were preparing to drive.
Turn off all electronics
Keep headlights, music, air conditioning, and wipers off to avoid suspicion.
Sit in the back seat, not the driver’s seat
This shows you had no control over the car and didn’t intend to drive.
Keep your hands and feet away from the steering wheel and pedals
This helps remove the idea of being “in control” of the car.
Place your keys somewhere hard to reach
Store them in the glove box, trunk, or center console—not in your pocket or ignition.
Tell someone your plan
Call or text a friend to say you’re sleeping in your car until you’re sober. This can support your case later.
Even if you follow all these steps, police can still arrest you. That’s why it’s safest to avoid sleeping in your car while drunk. Call a taxi, use a ride-share app, or stay with a friend.
What Shows “Intent to Drive” While Drunk?
Intent is key in DUI cases. Even if you never drove, your actions can suggest you planned to.
Police will look for things like:
- Having the car keys in your hand
- Sitting in the driver’s seat
- Turning on the engine
- Moving the car slightly
- Being seen walking from a bar directly to your car
These signs can lead officers to believe you intended to drive drunk. And under Maryland law, that’s often enough to charge you with DUI.
Sleeping in your car after drinking may seem like a responsible decision, but it comes with legal risks in Maryland. If you’re found in “actual physical control” of the vehicle—even while parked—you can still face a DUI charge. It’s always better to arrange a safe ride home or stay somewhere until you’re sober. If you’ve already been charged or have questions about your rights, it’s important to speak with an experienced DUI lawyer in Baltimore.
