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

It's a pretty common scenario to be out with friends, have a few drinks, and suddenly realize you may have had too many cocktails to drive home.

You think, “No problem, I’ll just sleep it off in the car until I can safely get myself home." It sounds like that would be the best option, right? The only problem is, in PA that may not be the best option.

I've always heard rumors that you can actually be guilty of a DUI if you sleep in your car while drunk, even if you don't intend to drive until you're sober.

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Pennsylvania has some unique laws when it comes to DUIs. Pennsylvania, like all other states, takes impaired driving very seriously, so much so that simply being in or around a car with alcohol in your system can lead to some gray areas.

You probably originally thought it was fine to sleep in the car after a few drinks. After all, you’re not driving, right? In PA the idea of “operating” a vehicle goes beyond just putting it in gear.

The reality is, that it can come down to a few different factors like if the keys are in the ignition. Is the car running, or are you sitting in the driver’s seat with easy access to the controls?

If an officer thinks you’re in a position to potentially drive, things could get tricky.

Is It Illegal To Sleep In Your Car While Drunk in PA?

According to Ciccarelli and other sources, in Pennsylvania, you can still be charged with a DUI if you're found sleeping in your car while intoxicated, even if the engine is off, due to the state’s strict “actual physical control” law.

Having the keys nearby or sitting in the driver’s seat may give the impression you could potentially drive, putting you at risk for a DUI charge.

To avoid this, I've seen people suggest sitting in the back seat with the keys in the trunk to avoid suspicion, but it's safer to just call a friend or an Uber and get your car in the morning.