- You are drunk or high, or have an illegal amount of alcohol or drugs in your blood; AND
- You are in actual physical control of a motor vehicle.
A sleeping person is considered to be in control of a car if the key is in the ignition. Or if the car is parked in an area that suggests that the driver drove there while drunk…such as the side of a highway…the driver can be convicted for DUI in Nevada as well.
Therefore, sleeping in a car while intoxicated is a risky action in Nevada. Although it is unquestionably safer to sleep in a parked car while drunk than to drive the car drunk, the person may still face DUI charges if a cop finds him/her in the car and believes he/she is in actual physical control of the car.
The penalties for a DUI while sleeping in Nevada are no different than a regular DUI. A first-time offense that causes no substantial injuries is a misdemeanor carrying:
- up to $1,000 in fines;
- up to 6 months in jail (the judge usually orders a suspended sentence, so the defendant does no jail as long as he/she completes the other sentencing terms);
- Victim Impact Panel class attendance;
- DUI School attendance; and
- 3-month driver’s license suspension
Read more information about the Nevada crime of DUI while sleeping.