The legality of occupying a automobile whereas intoxicated in California is a fancy difficulty ruled by Car Code Part 23152, generally known as driving below the affect (DUI) regulation. This code prohibits working a automobile whereas inebriated or medication. The important thing consideration is whether or not the person is deemed to be in precise bodily management of the automobile. This dedication can prolong past truly driving, doubtlessly encompassing situations the place the individual is contained in the automobile with the flexibility to function it.
Understanding this facet of California regulation is essential as a result of it instantly impacts people who could select to sleep of their vehicles after consuming alcohol, believing it to be a safer different to driving. Traditionally, the authorized precedent has advanced to contemplate numerous components when figuring out “precise bodily management.” These components typically embrace the placement of the automobile, whether or not the keys are readily accessible, the person’s place within the automobile, and any proof of intent to function the automobile. Avoiding a DUI cost in such a state of affairs requires cautious consideration of those components.
