The legality of occupying a vehicle while intoxicated in California is a complex issue governed by Vehicle Code Section 23152, commonly referred to as driving under the influence (DUI) law. This code prohibits operating a vehicle while under the influence of alcohol or drugs. The key consideration is whether the individual is deemed to be in actual physical control of the vehicle. This determination can extend beyond actually driving, potentially encompassing scenarios where the person is inside the vehicle with the ability to operate it.
Understanding this aspect of California law is crucial because it directly impacts individuals who may choose to sleep in their cars after consuming alcohol, believing it to be a safer alternative to driving. Historically, the legal precedent has evolved to consider various factors when determining “actual physical control.” These factors often include the location of the vehicle, whether the keys are readily accessible, the individual’s position in the vehicle, and any evidence of intent to operate the vehicle. Avoiding a DUI charge in such a situation requires careful consideration of these elements.
