Is It Legal To Sleep In Your Car Drunk In New Jersey?

Have you ever had one too many drinks at the bar and considered sleeping in your car to avoid driving? Well, that might not be the best option.

We’ve all been there. You plan to have just a few drinks, only to find yourself at a fast-food drive-thru at 3 am, unsure of how the night got to this point.

READ MORE: Is It Ever Legal To Pass A School Bus in New Jersey?

The thought of saving money on an Uber by sleeping in your car might seem appealing, but that could get you in serious legal trouble in New Jersey.

Can You Sleep In Your Car Drunk in NJ?

Even if you’re not physically driving, you can still face arrest and be charged with a DWI for being intoxicated in your car.

A legal case in New Jersey, known as State Of New Jersey v. John Thompson, showed that someone under the influence could still be convicted of a DWI if they’re behind the wheel with the engine running even if the car is in park and there’s no intention to drive.

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According to criminallawyerinnj.com, having the engine on while intoxicated can be enough for an arrest.

So whether you start driving and decide you're too drunk to continue, or simply want to sleep it off in the car, you’re still at risk of being arrested and facing heavy fines in New Jersey.

You might wonder if getting into the backseat and keeping the keys away from the ignition would help.

Can You Legally Sleep In The Back Seat Of Your Car Drunk in NJ?

Unfortunately, brickdonlaw.com explains that this, too, can lead to trouble if there’s any indication you intend to drive.

In short, any evidence suggesting you planned to drive, whether or not you were actually doing so, can result in a DWI.

The safest bet? Leave your car and pick it up the next day.

An Uber or Lyft ride will always be much cheaper and safer than dealing with the consequences of a DWI or DUI.