If you have been drinking in Las Vegas, you should think twice about getting behind the wheel. Even when you are not driving, you put yourself at risk of being arrested if you are found to be in actual physical control of the vehicle.
What scenarios can lead to a driving under the influence (DUI) arrest when you are not actually driving? Can you be convicted of DUI for sleeping in your car while intoxicated? Our skilled Las Vegas DUI lawyers break down the law and what you should know before getting in your car.
Understanding Nevada DUI Law
Because Las Vegas drivers are subject to Nevada rules and regulations, the first thing to understand is the state’s DUI law. It is a crime to operate or be in “actual physical control” of a vehicle if you are under the influence of alcohol or a controlled substance. If you have a blood alcohol concentration (BAC) of 0.08 or more within two hours of driving, you are in violation of Nevada DUI law.
It is crucial to note that there are two scenarios in which a person can be convicted of DUI:
- When a person is over the legal BAC limit and drives a motor vehicle
- When a person is over the legal BAC limit and is in actual physical control of the vehicle
Under this law, the police can arrest a person for DUI even if they were not driving the car. It is enough to show that the intoxicated person was in actual physical control of the vehicle while intoxicated for a DUI arrest and conviction.
RELATED: What To Do If You Are Pulled Over for a DUI in Las Vegas
What Does It Mean to Be in Actual Physical Control of a Vehicle?
According to the Nevada Supreme Court, the definition of being “in actual physical control” of a vehicle is when the person has existing or present bodily restraint, directing influence, domination, or regulation of the vehicle.
However, determining whether a person fits that definition requires consideration of multiple factors, including:
- Where, and in what position, the person is found in the vehicle
- Whether the vehicle’s engine is running or not
- Whether the occupant is awake or asleep
- Whether the vehicle’s lights are on (if the person is apprehended at night)
- The location of the vehicle’s keys
- Whether the person was trying to move the vehicle or did move the vehicle
- Whether the property where the vehicle is located is public or private
- Whether the person must, of necessity, have driven to the location where apprehended
It is up to the judge or jury to analyze the particular details of the case, balance these factors, and use their discretion to reach a conclusion. They will look at more than simply the ability to drive off. They will also examine how you arrived at the location, what position the vehicle is found in, and where you are located inside the vehicle.
Can I Be Convicted of DUI for Walking in Las Vegas While Intoxicated?
No, you cannot be convicted of driving under the influence for walking while intoxicated. Under Nevada law, there are only two circumstances in which you can be charged with DUI. You either have to drive a vehicle or be in actual physical control of a vehicle while your BAC is over the legal limit.
If you are walking in Las Vegas while under the influence of alcohol or a controlled substance, there is a chance you could be convicted of drunk and disorderly conduct or public intoxication. However, the act of walking while drunk is not enough for a DUI conviction.
The only way to be stopped for DUI while walking down the street is if a witness observed the person driving, parking, or crashing the vehicle in a reasonably suspicious way moments before the arrest. That could give law enforcement probable cause to arrest the person for DUI.
Can I Be Arrested for DUI in Las Vegas for Sleeping in My Car?
While it might seem like a good idea to pull over and sleep after realizing you are too drunk to drive, that does not always mean you are in the clear. You can still be convicted of DUI for sleeping in your car while over the legal BAC limit if:
- The keys are in the ignition.
- You are sleeping in the driver’s seat.
- It is obvious the car was parked while you were impaired.
- You admit to driving the vehicle.
Again, you can be arrested if you were in actual physical control of the vehicle while intoxicated. Under NRS 484C.109, a person must meet all of the following criteria to be deemed not in physical control of the motor vehicle:
- The person is asleep inside the vehicle.
- The person is not in the driver’s seat of the vehicle.
- The engine of the vehicle is not running.
- The vehicle is lawfully parked.
- Under the facts presented, it is evident that the person could not have driven the vehicle to the location while intoxicated.
Can I Fight a DUI Charge for Sleeping in My Car?
Remember, a DUI arrest does not automatically mean that person will be convicted. If you were arrested for DUI while sleeping in your vehicle, working with an experienced Las Vegas DUI attorney can help you fight unfair charges. An attorney can build a strong defense that raises a reasonable doubt that you were in actual physical control of the vehicle and committed DUI.
RELATED: What Happens If I am Arrested for DUI in Las Vegas But I am Not a Nevada Resident?
Connect With an Experienced DUI Lawyer in Las Vegas
If you were arrested for DUI in Las Vegas but were not driving at the time of the arrest, our team has the skills and resources to help you fight for your rights.
At DUI Lawyers of Las Vegas, we have decades of experience protecting our clients from unfair treatment in the legal system. We will look at the details of your arrest and use evidence to support your case. Contact us to schedule a free consultation with our DUI attorneys to learn more.
