How to Legally Sleep in Your Car Drunk – 7 Ways to Avoid a DUI

person in blue denim shirt sleeping behind the car seat drunk

How to Legally Sleep in Your Car Drunk

Are you looking for a way to legally sleep in your car drunk?

If so, you’ve come to the right place.

In this post, I will show you 7 ways to avoid a DUI while sleeping in your car drunk.

Keep reading for all the valuable details.

Is it Illegal to Sleep in Your Car?

In general it’s not illegal in most states to sleep in your car, but in some cases police officers may need to enforce the law where sleeping and parking is prohibited.

Why is it illegal to sleep in your car drunk?

Sleeping in your car drunk is illegal almost everywhere in the US and it falls under the same category as drunk driving. A drunk driver is not thinking straight and is therefore a danger to others when he wake up and thinks that it is now OK to drive.

Drunk driving is a problem that the law needs to be prepared for.

Officers will look for when deciding whether to arrest you for a DUI:

  1. The ignition key was off at the time of the arrest
  2. Where you were sleeping in the car
  3. How much alcohol you had consumed
cop leaning on metal rail during a sunny day

Can You Really Get a DUI While Trying to Sleep it Off?

It is illegal to drive while intoxicated in every part of the US. To establish a defense to a DUI charge, a driver must prove that they were asleep in their car instead of driving. The prosecution has the burden of proving that the driver was actually driving while intoxicated.

It is not legal to sleep in your car while you are intoxicated. The law treats DUI’s the same whether you are driving or not.

The Dangers of Sleeping drunk in your car

The importance of rest and sleep is invaluable. Even better after a long party with your friends. OK you need some break. But you have rersponsibility even when you get drunk.

Driving possibility

Drinking and sleeping can have dangerous consequences. Sleeping while driving is a common danger, as is drinking and driving. When you drink and drive, you increase your risk of getting into an accident. Drinking and sleeping can also lead to deadly consequences. For example, if you drink and then drive home, you may fall asleep at the wheel again and crash your car.

Attempted DUI

A person is considered to be Driving Under the Influence (DUI) if they have consumed alcohol and are operating a motor vehicle. This can result in criminal penalties, such as jail time or a fine.

Circumstantial Evidence of DUI

If you drink and sleep in your car, you may be charged with DUI.

Evidence such as recent snow tracks or engine warmness can be used to support a DUI charge.

Prosecutors can infer that the owner of the vehicle moved it if there are fresh tire tracks.

Freezing to death

In some colder states there are months when you simply can freeze to death while sleeping in your car drunk.

7 Tips on How to Legally Sleep In your Car Without DUI Charges

1. Turn off the car

To sleep in your car without fear of DUI charges, turn off the car, remove the keys, and sleep in the back or passenger seat.

2. Show no intent to drive

Do not admit to any intent to drive soon if the police stop by for a wellness check.

3. Do not sleep in the driver seat

To avoid a DUI, avoid moving your car and sleeping in the driver’s seat.

4. Hands and feet away

Keep your hands and feet away from the pedals and steering wheels.

5. Place your keys away

Place your keys where they are unlikely to be found by others if you are arrested for a DUI. Contact someone before falling asleep so they are aware of your plan.

6. Turn off the car even if you are cold

If you are drunk and trying to sleep in your car, it is important to turn off the car. If you leave the car on, you will be arrested for DUI. To avoid this, turn off the car and get into the back seat. This way, if a sheriff’s deputy approaches your car, you will not be arrested.

7. Call your friend before sleeping

Tell your friend that you are going to sleep in your car.

Can you sleep in the backseat of your car drunk?

Always go and lay down on the back seat and never in the driver seat. That is a good and proven tip if you do not want to be considered Driving Under the Influence (DUI) which can result in criminal penalties.

Safe Places to Sleep in Your Car

Have you ever been in a bind and needed to find a safe place to park your car and sleep for the night after a crazy party? I created this list of the best safe places to sleep in your car.

Are the Tips for Sleeping Safely in a Car applicable if I am under the influence of alcohol?

It is crucial to prioritize safety when it comes to sleeping in a car, even more so if you are under the influence of alcohol. Regardless of the circumstances, following the tips for safe car sleeping is imperative to avoid any potential accidents or harm to oneself and others. Being responsible and making sound decisions should always be the top priority, especially while on the road.


Sleeping in your car drunk can be a great way to take a break from the stresses of life. But it’s important to do it legally and without worry. Follow the tips in this guide and you’ll be able to do just that. And if you’re ever in doubt, just call a cab.

And if you wake up feeling sick that could be because of a strange phenomenon called sleep inertia – or even because of the amount of alcohol you consumed last night!


By lezt

Lez Taylor, Founder and CEO of Corala Blanket. She tried every sleep system and trick to conquer her insomnia for good.