“Sleeping-Off” the Alcohol

“Sleeping-off” a few drinks in your car to sober up before driving home seems like a good idea, however there may be some consequences to that decision. Under Maryland law, it is a crime to drive, or be in “actual physical custody” of a vehicle while impaired by alcohol. What constitutes “actual physical custody” will depend on the facts of each individual case. A court will take into account a number of factors including:

1. Whether or not the vehicle’s engine is running, or the ignition on;
2. Where and in what position the person is found in the vehicle;
3. Whether the person is awake or asleep;
4. Where the vehicle’s ignition key is located;
5. Whether the vehicle’s headlights are on;
6. Whether the vehicle is located in the roadway or is legally parked.

Atkinson v. State, 331 Md.199 (1993).

Contact Pishevar & Associates today to schedule your initial consultation. Our experienced lawyers can help make this process shorter, easier, and minimize the damage. Please call 301.279.8773 today.