Published on 8/4/2025, 10:44:00 AM
Can You Get a DUI for Sleeping in Your Car in Maryland?
Yes, you can be charged with DUI in Maryland even if you're just sleeping in your parked car. It all comes down to whether you were in "actual physical control" of the vehicle.
Why Sleeping It Off Isn't Always Safe
You've had a few drinks and decide to play it safe: you climb into the back seat of your car, or maybe the driver's seat, intending to sleep until you're sober.
Smart move, right?
Maybe. Maybe not.
Under Maryland law, you don't have to be driving to get hit with a DUI. If police find you in the car and determine you were in "actual physical control" of it while impaired, you can face the same charges as if you'd been driving drunk.
What Is "Actual Physical Control" in Maryland?
Maryland courts define "actual physical control" using multiple factors:
- Was the vehicle legally parked or in the roadway?
- Were the keys in the ignition?
- Were you awake or sleeping?
- Was the engine running?
- Were you in the driver's seat?
- Were the lights or radio on?
- Could the car have easily been driven?
Even if you weren't moving, the potential to drive -especially while impaired- is enough for police to make an arrest.
Where You Sleep in the Car Matters
Here's how location affects risk:
| Location in Vehicle | DUI Risk Level |
|---|---|
| Driver's seat, engine on | Very high |
| Driver's seat, keys in hand | High |
| Back seat, no keys nearby | Lower, but not immune |
| Trunk (yes, really) | Unlikely, but still not foolproof |
The safest approach? Sleep outside the vehicle entirely or arrange a ride home.
Real Maryland Case Example
Maryland appellate courts have overturned DUI convictions where a driver was found:
- Passed out in the front seat
- Legally parked on the side of the road
How to Reduce Your Risk of a DUI While Sleeping in a Car
If you truly have no better option than sleeping in your vehicle, take these precautions:
- Get in the back seat
- Remove keys from the ignition and place them out of reach
- Ensure the car is turned off
- Avoid locations like public parking lots where officers may patrol
Even then, there are no guarantees. Your best bet? Call a sober friend or use a rideshare.
Penalties for DUI Without Driving
You might think being asleep would lessen the penalty, but Maryland law doesn't distinguish:
- Up to 1 year in jail for a first offense
- Fines up to $1,000
- 12 points on your license
- Suspension or revocation of driving privileges
Repeat offenses? Much steeper consequences.
What to Do If You're Arrested Sleeping in a Car
You still have defenses. At FrizWoods, we often challenge these types of charges by arguing:
- You were not in actual physical control
- The stop was unlawful
- There was no reasonable suspicion of a crime
Contact us for a case evaluation. We'll walk you through your options and fight to protect your record.
FAQs
Q: Is it illegal to sleep in your car in Maryland?
A: No, but if you're impaired and found in a position of control, you could still face a DUI charge.
Q: Can I be arrested if the car wasn't running?
A: Yes. Even with the engine off, being in the driver's seat with access to keys may qualify as "control."
Q: What if I was just charging my phone?
A: Courts look at totality of circumstances. Charging a phone with the engine on may still suggest intent or ability to drive.
For more, see our full guide on DUI arrests in Maryland.
