When Georgia drivers realize they’ve had too much to drink, choosing to sleep in their car may feel like the responsible choice. However, Georgia’s DUI laws can still apply even if you never turned the ignition or drove anywhere. Understanding how the law defines “actual physical control” of a vehicle is essential to avoiding unintended criminal charges. At the Law Offices of Thomas J. Thomas, we help individuals in the Atlanta area understand their rights and defend against DUI accusations.

Georgia’s DUI Law and “Actual Physical Control”

In Georgia, you can be charged with DUI if you are in “actual physical control” of a vehicle while under the influence. This means police do not have to see you drive. If an officer believes you had the ability to operate the vehicle, a DUI charge is possible.

Factors law enforcement may consider include:

• Whether you were in the driver’s seat
• Whether the keys were in the ignition or within reach
• Whether the engine was running
• The location of the car (e.g., parked on the roadside vs. a private lot)

Even if you were trying to do the right thing by sleeping it off, these details can influence whether a DUI charge is issued.

Does Sleeping in the Backseat Protect You?

Moving to the backseat may help, but it is not guaranteed protection from a DUI. Officers may still argue that you had access to the keys or could have driven at any time. Each situation is unique, and small details can make a big difference in your defense.

What You Should Do if You Are Approached by Police

If police approach your parked vehicle:

• Stay calm and polite
• Provide identification when asked
• Avoid making statements that could imply you were driving
• Remember that you have the right to remain silent beyond basic information

Anything you say can be used to build a DUI case, even if you were doing your best to avoid driving.

Common Defenses to a DUI While Sleeping in Your Car

A skilled criminal defense attorney can challenge the charge by arguing:

• You were not in control of the vehicle
• The vehicle was inoperable
• You were legally parked and not a risk to public safety
• There was no evidence you had driven recently

At the Law Offices of Thomas J. Thomas, we help Atlanta residents examine every detail to fight unfair DUI charges.

Why Legal Help Is Important

DUI convictions in Georgia carry serious consequences, including fines, jail time, and license suspension. Even cases involving a parked vehicle require strong defense strategies. Getting legal guidance early gives you the best chance at protecting your record and your future.