Police officers have the discretion to decide whether to arrest an individual found sleeping in a car with the keys in the ignition based on the circumstances of the situation.
Posted by Unsubscribe Podcast, Checked
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- 3 support2 context
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Unsubscribe PodcastSep 13, 2026
Sources on sleeping-in-car DUI cases say officers have wide discretion and decide case by case, weighing factors such as keys in the ignition, position in the vehicle, and the surrounding circumstances, which matches the claim.
This claim is about the present, so it is judged as of the day it was checked.
What was said
… They just wanted a cold 45. Hmm, yeah, you said malt liquor, right? You don't drink that? Well, I mean, I try not to. Yeah, I just do it on occasions where I wanna get rowdy. So, there's a lot of discretion involved with what we do, and, you know, the oversight on that is it's on us, man. I have the answer for it. I let the guy go, and he gets into an accident, that's on me. That's a crazy stuff to me. Like, I do not envy, and it is, I've told Rich multiple times, just doing the drill sergeant stuff and knowing the social media and the attacks will get, and then policing at the same time, and then, "Oh, look what he's done on …
Unsubscribe Podcast · · from the transcriptPost →What we found
Supports. A Pennsylvania-focused article states that an officer encountering someone asleep in a vehicle may use discretion not to charge DUI, and that courts weigh factors including keys in the ignition and the totality of the circumstances.[3]
Supports. A California-focused law firm article says the law gives officers wide discretion, and that sleeping-in-car cases turn on circumstantial clues such as keys in the ignition, engine status, and surrounding circumstances.[4]
Supports. An Illinois appellate decision says actual physical control is determined case by case, considering factors such as possession of the key and whether the person was alone and positioned in the driver's seat.[5]
Context. Appellate courts in New York and Virginia have held that a person asleep with the key in the ignition can be found to be operating a vehicle, which limits how far discretion can go on the legal question but does not contradict that officers may choose whether to arrest based on circumstances.[1][2]
Context. The claimant's post itself describes an officer weighing the circumstances as a whole, but that passage is not evidence and is used only to identify the intended meaning of the claim.
Sources
5 sources: 2 primary, 3 not rated
- 1People v Garcia (2018 NY Slip Op 28252)nycourts.gov · primary source · cited for: context
- 2COURT OF APPEALS OF VIRGINIAvacourts.gov · primary source · cited for: context
- 3DUI While Parked Sleeping It Off - Scaringi Lawscaringilaw.com · not rated · cited for: supports
- 4Can You Get a DUI for Sleeping in Your Car ...simmonswagner.com · not rated · cited for: supports
- 5People v. Kiertowicz, 2013 IL App (1st) 123271cases.justia.com · not rated · cited for: supports
Where this claim was made
Said in 1 published post