Is sleeping in your car with it running (for heat) fall under the ouil law?

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Is sleeping in your car with it running (for heat) fall under the ouil law?

Asked on May 14, 2009 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

As ironically contrary as it may sound, DUI while sleeping is not a joke or something made up by someone who had nothing better to do with their time.  DUI, which means driving under the influence, typically refers to when a motor vehicle is moving.  However, over the years and due to some of the most horrific accidents, many states have statutes that govern a situation known as DUI while sleeping.

DUI sleeping is the term that has been developed to address different ways that people may be in a motor vehicle behind the wheel drunk but not actually driving.  DUI sleeping means that you can be in your car, be drunk and be asleep behind the wheel and still get a ticket, even if your vehicle is not running.  One condition of DUI sleeping is that your keys are in the ignition.  DUI sleeping can be the result of simply being in the wrong place at the wrong time but it is still your responsibility to ensure that you are not in a motor vehicle operational position while you are under the influence of alcohol.


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