Is It Legal To Sleep In Your Car While Drunk in NJ?

It's a pretty common scenario to be out with friends, enjoying a few drinks, and suddenly it hits you. You’ve probably had one too many margaritas to drive home.

You think, “No problem, I’ll just sleep it off in the car until I’m good to go”. That sounds like the responsible thing to do, right?

Unfortunately, in New Jersey, that might not be the safest choice.

You’ve probably heard rumors that you can with a DUI in New Jersey for sleeping in your car while drunk, even if you have zero intention of driving until you’re sober.

New Jersey, like every other state, takes impaired driving very seriously, and rightfully so.

At first, it seems like a no-brainer, right? If you’re not driving, how can you be breaking the law?

Of course, this seems like it would be the case, in New Jersey, the concept of “operating” a vehicle goes further than just stepping on the gas.

The truth is, it could come down to specific details, like whether the keys are in the ignition or if the car is running.

Are you sitting in the driver’s seat with easy access to the controls? If an officer believes you’re in a position to potentially drive, it could spell trouble.

Can You Get A DUI For Sleeping In Your Car Drunk in NJ?

Canva

According to New Jersey laws, you can be charged with a DUI even if the car isn’t moving.

Having the keys nearby or being in the driver’s seat can be enough for authorities to argue that you might drive, and that’s all it takes according to NJ DWI Legal.

To avoid this scenario, some people suggest sitting in the back seat with the keys far out of reach like putting them in the trunk.

However, the safest bet is to call a friend or order an Uber and deal with your car the next morning. After all, it’s better to be safe than sorry plus face the consequences of a DUI.