A person who believes they have had too much to drink to safely or legally drive may sit, lie, or fall asleep in their vehicle in a parking lot or parking space outside of a bar or restaurant, or may pull off the road and park to “sleep it off.” When the police observe a person occupying or sleeping in a parked car they may investigate if the car is illegally parked (on the side of the road or elsewhere) or for the stated purpose of checking on the well-being of the occupant of the vehicle.

After knocking on the window and attempting to wake the occupant of the vehicle the police will typically ask if the occupant was recently operating the vehicle and whether the occupant has had anything to drink. Based in part on the occupant’s answers to these questions the police may request the occupant submit to a breath or blood test, perform field sobriety tests, and may ultimately arrest the occupant for DUI/DWI.

Laws defining DUI/DWI criminal offenses vary from state to state and often include a person who is in physical control of a vehicle as being within the definition of operating a vehicle. Based on such a broad statutory definition of operating a vehicle—and depending on other factors such as (1) whether the occupant was in the driver’s seat of the vehicle or the back seat or passenger seat; (2) whether the vehicle’s engine was running; (3) whether the occupant was awake or asleep; and (4) whether the key, if any, was in the ignition—the police may arrest the occupant for DUI/DWI.

In Kentucky, DUI laws are such that a person can be charged with DUI if they are in 'physical control' of a vehicle, which can include situations where the person is not actively driving but has the capability to operate the vehicle. This means that if a person is found by police sleeping in their car while intoxicated, they could potentially face DUI charges. Factors that may influence whether an individual is considered to be in physical control of a vehicle include their location in the car (driver's seat vs. passenger seat), whether the car's engine is running, their state of consciousness (awake or asleep), and the position of the keys. If the police find someone in a parked car and suspect DUI, they may conduct an investigation that can include questioning, breath or blood tests, and field sobriety tests. An arrest for DUI can follow based on the results of these tests and the circumstances observed by the officers. It is important for individuals to be aware that even if they are not driving, being in a parked car while under the influence can still lead to legal consequences under Kentucky's DUI laws.