DUI When Not Driving?

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Believe it or not, in Nevada, you do not actually have to be driving a vehicle to be convicted of a DUI charge. You can be charged with a DUI if you are found sleeping in your vehicle with alcohol or drugs in your system. In fact, you can still be convicted of a DUI in this circumstance if you never even drove the vehicle, but merely went to sleep in the driver seat prior to ever even starting the car.

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DUI When Not Driving


In order to charge you with a DUI, pursuant to NRS 484C.ll 0, it must be found that you were in actual physical control of the vehicle in a public area while intoxicated. Actual physical control means that while a person may not be driving the car, he had the ability to drive the car. As such, you could be found to have been in actual physical control of the vehicle if you are found sleeping in it. The factors that a court looks to in determining whether someone was in actual physical control of the vehicle include: where and in what position the person is found in the vehicle; whether the vehicle’s engine is rmming or not; whether the occupant is awake or asleep; whether the vehicle’s lights are on; the location of the keys; whether the person was trying to move the vehicle or moved the vehicle; whether the property on which the vehicle is located is public or private; and whether the person must, of necessity, have driven to the location where he was apprehended.

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For example, if you are found sleeping in the drive thru of a fast food restaurant, it can be assumed that you were in actual physical control because most likely, the car is running and it can be presumed that had you not driven the car could not have gotten there. However, sleeping on the side of the road in an attempt to “sleep it off’ before driving home could also have the same implications.

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