If You’re Drunk, Does Idaho Allow You to Sleep It Off in the Backseat?
Despite your best intentions, the Boise DUI Guy advises against taking a booze-snooze in your car for several reasons.
For starters, if police find you intoxicated in the backseat of your car, you could be heavily fined, have your driver's license suspended, and even serve time behind bars. Contrary to popular belief, you do not have to be driving or operating a vehicle to be found guilty of a DUI.
To Rest or Be Arrested: that is the question
Sleeping it off in the backseat of your car after a night of drinking is nothing new. Most folks do this to avoid drunk-driving. While we appreciate the logic behind the thought process, the Gem State doesn't.
Idaho law doesn’t always require you to drive to get a DUI conviction. Instead, it’s sufficient that you were in “actual physical control” of your vehicle. —Trilogy Law Group
So, if we can't sober up in the backseat of our car, what's an Idahoan to do?
What is "Physical Control?"
The concept of asserting "Physical Control" over a vehicle requires two conditions be met before an arrest can take place; the first is the driver's position in the car, while the second is their intent.
If Idaho Law Enforcement has reason to believe you operated your vehicle while under the influence, you'll certainly go to jail. The best approach to sleeping it off in the backseat would be to shut off the ignition, remain in the backseat, and put your keys away and out of your sight.
So where can you park when you've been drinking? Apart from your own driveway, Idaho authorities can arrest you for backseat drunk-sleeping in any public areas.