The person could certainly be arrested for a DUI. People always think you’re doing the right thing by parking the car and falling asleep in the vehicle, but you can certainly be arrested for a DUI under those circumstances.

The question in a physical control case is can an individual take control of that vehicle and go on with their inebriated journey? So the further you get yourself away from the controls of the car, the better. There are a number of different scenarios that go with that. For example, there’s a case that deals with a person leaving their home and going into the driveway and going to sleep, trying to avoid a domestic assault. The court of appeals determined that in that specific fact scenario that that was not actual physical control of a motor vehicle.

The further you get yourself away from the controls of the car, the better. You have the keys and you’re at or near the controls of the vehicle, that can put you in physical control, and that can get you convicted of a DWI.