Quote:
Originally Posted by NorCalAthlete
You can still get a DUI even if you're sitting in the backseat. Police have a bit of discretion here obviously but it's happened.
Even if you're just standing NEAR the car, drunk, if they even think you were driving recently you can be arrested for DUI. Likelihood varies but if you've been drinking go sleep inside somewhere don't sleep in your car. Uber home and come back for your car if you need to.
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If you are passed out or sleeping in the back seat of your car and are impaired, in Canada that is considered "Impaired Care and Control". Same as driving drunk. Now I would generally exercise discretion in that situation. If someone knew they'd had too much and were sleeping it off, I may give them a break. The problem is that when you wake up you may still not be ok to drive, not as drunk as when you get into the back seat but still over the limit.
I suspect most jurisdictions have something similar on the books.