You can be arrested for a DUI while sleeping in a parked car, but California law makes it harder to convict than many people expect. Unlike some states, California requires the prosecution to prove you actually drove the vehicle, not just that you were behind the wheel.
That "actual driving" requirement is the heart of the defense. It comes from a California Supreme Court case, Mercer v. DMV, which held that some volitional movement of the vehicle is needed. If you did the responsible thing and pulled over to sleep it off, and no one saw you drive, the state may struggle to prove the driving element at all.
Of course, police can still build a circumstantial case. A warm hood, keys in the ignition, the car stopped in a traffic lane rather than a parking spot, or your own statements about when and where you drove can all be used to infer that you drove while impaired. What you say to the officer often matters more than where the car was parked.
So the outcome turns on the details. Where was the car, was the engine running, where were the keys, and is there any evidence you moved it while over the limit. Those facts decide whether the case holds up.
Read more on the BAC defense page and the criminal defense page.
This is general information, not legal advice, and every case is different. For a free consultation, call (858) 622-7280 or visit /contact.