What If I’m Just Asleep in the Car When an Officer Arrives?
You may be arrested for a DUI if it is determined that you are in actual physical control of a vehicle while under the influence of drugs or alcohol. Actual physical control is determined in many ways, but includes: 1) having the keys in your possession; or, 2) being behind the wheel or having driven the car to its present location. The penalty for driving under the influence and being in actual physical control are the same.