Many drivers readily acknowledge that they shouldn’t get behind the wheel after drinking. Not only is it against the law in South Dakota to drive while chemically impaired, but it is also very unsafe.
People concerned about avoiding criminal charges or a preventable collision may arrange for rideshare transportation if they have too much to drink at a party or bar. Others might arrange to ride home with someone who is still sober. People sometimes worry about riding home with someone else when they are under the influence because they have to leave their vehicles behind.
They have to pay not only to get home but then also to come back and obtain their vehicle later. Sleeping in a vehicle can seem like a reasonable choice for someone who has had too much to drink. After adequate rest, they could drive home once they are sober again. Unfortunately, trying to sleep it off in a vehicle could lead to a driving under the influence (DUI) arrest.
Police officers could come knocking
Technically, it is not against the law to sleep in a parked vehicle. People on long road trips or in the middle of a fight with their spouse might spend the night in a vehicle instead of renting a paid room somewhere. While doing so is theoretically legal, it becomes a legal risk when the resting person is over the legal limit for their blood alcohol concentration (BAC).
In South Dakota, the state can prosecute someone for being in actual physical control of a vehicle while under the influence. Being inside the vehicle with the keys is enough to establish actual physical control. They could start the vehicle and drive it at any point. Regardless of whether someone sleeps in the front seat or the back seat, police officers can potentially arrest them if BAC test results show that they are over the legal limit.
Drivers who have operated the vehicle while under the influence sometimes try to hide their misconduct by parking or exiting the vehicle. Therefore, police officers frequently do not take people at their word if they insist they did not drive. What may have been a decision made for personal safety could lead to a driver’s prosecution.
Understanding what situations can lead to DUI charges can be beneficial for adults in South Dakota who drink socially. Small mistakes can potentially lead to prosecution for someone who fully intended to follow the law.