Legal Question. Too Drunk to Drive: Can You Sleep in Your Car?
You're coming off a drunken night out, but aware of your condition, you decide to sleep in your car rather than get back on the road. But what happens if you're stopped by the police? Do I have to prove I wasn't driving? What precautions should I take? We asked Jean-Baptiste Le Dall, an automotive lawyer, this question.
Is it really possible to sleep drunk in your car?
"Obviously, it's better to choose to sleep in your car than to get back behind the wheel while drunk. But certain precautions are necessary. The first is to park in an authorized spot. If you park anywhere, or in a dangerous spot, you will certainly not escape police scrutiny. Dangerous parking is punishable by the loss of 3 points on your driving license and a fine of €135," reminds Maître Le Dall.
We don't move the car!"If you're stopped and parked haphazardly in the middle of nowhere, it'll be hard to make them believe you didn't drive to get there. If you're leaving in the evening and you're likely to be drinking, choose a spot where you can sleep peacefully, without attracting attention and, above all, without having to get behind the wheel to move your car. You don't drive if you've been drinking, even for a few meters!" warns Maître Le Dall.
"You absolutely must avoid falling asleep while drunk in the driver's seat. By doing so, you put yourself in a position to drive the car in the eyes of law enforcement. The ideal place for a good nap is the back seat, or at worst the passenger seat. Likewise, do not turn on the ignition! While it may be tempting in the middle of the night, to warm up the cabin or to listen to music, having the ignition on, and even more so with the engine running, also puts you in the position of driver in the eyes of law enforcement. You go from passenger to driver of the car," warns our lawyer.
Can I refuse the alcohol test?"Whether you're driving or not, refusing to undergo a blood alcohol test during a police or gendarmerie check is always a very bad idea. Refusing to submit to a blood alcohol test is an offense, which results in the loss of 6 points on your driving license and is punishable by immediate suspension of your driving license, which can last for six months."
The lawyer's advice
"If you are stopped by the police, have your position in the car noted, for example, if you were in the back seat during the stop. You can also mention that the engine was off, the car was parked in an authorized space, and that the ignition was off. These observations may include evidence intended to prove that you were not in a position to drive at the time of the stop."
Le Progres
