Can You Get a DUI for Sleeping in Your Car in North Dakota?

It’s a frigid North Dakota night. You’ve had a few drinks at a friend’s house in Bismarck and decide you’re not safe to drive. Thinking you’re making the responsible choice, you climb into your parked car to sleep it off.

Here’s the shocker: in North Dakota, you can still be charged with DUI—even if you never turn the key to drive away.

Understanding “Actual Physical Control” in North Dakota

North Dakota’s DUI law doesn’t just punish those driving while impaired—it also covers anyone in “actual physical control” of a vehicle. Under N.D.C.C. § 39-08-01, actual physical control means being in a position to operate the vehicle, even if it’s not moving.

That means you could be arrested if:

• You’re in the driver’s seat with the keys in your possession

• The engine is running (for heat or air conditioning)

• The vehicle is in a location where it could be driven away

• You appear capable of starting and operating the vehicle

The law’s purpose is to prevent impaired individuals from putting themselves in a position where they might drive.

Why Sleeping in Your Car Can Still Lead to DUI Charges

Even if you genuinely intended to “sleep it off,” police officers and prosecutors may see it differently. Here are common situations that can lead to DUI charges in ND:

1. Keys in the Ignition or Within Reach

Having the keys nearby—like in your pocket or the cup holder—can be enough for police to argue you were in actual physical control.

2. Engine Running for Heat

On a cold night in Williston or Minot, you might start your car to stay warm. But once that engine is running, an officer may claim you were in control of the vehicle.

3. Parked in a Public Place

Being in a public parking lot, roadside, or even parked on your own street can make you more visible to law enforcement.

4. Vehicle Positioned for Driving

If your car is facing the road or in a location where it could easily be driven away, it strengthens the prosecution’s case.

Realistic North Dakota Example

Imagine John, a Minot resident, leaves a downtown bar after midnight. Knowing he’s over the limit, he decides to nap in his truck outside the bar. He leaves the engine running because it’s 5°F outside.

A passing police officer spots the running vehicle, approaches, and notices the smell of alcohol. Even though John never moved the truck, he’s arrested for DUI based on actual physical control.

Potential Penalties for a DUI Sleeping in Your Car in North Dakota

The penalties are the same as if you were caught driving under the influence:

• First offense: Up to 30 days in jail, fines, mandatory substance abuse evaluation, and license suspension.

• Repeat offenses: Longer jail terms, higher fines, extended license suspension, and possible felony charges.

You can read the full law under North Dakota Century Code § 39-08-01.

Defenses Against a DUI Sleeping in Your Car

A skilled DUI defense attorney can challenge a charge based on sleeping in your car by arguing:

• No intent to drive — You deliberately positioned yourself where you couldn’t operate the car.

• Keys not accessible — Keys were locked away or placed out of reach.

• Alternative explanations — You used the vehicle for shelter without any plan to move it.

• Location of the vehicle — It was on private property, away from any roads or public access.

Because every case is unique, these defenses must be carefully tailored to your circumstances.

Safer Alternatives If You’ve Been Drinking in North Dakota

If you want to avoid any risk of a DUI for “sleeping it off”:

• Call a rideshare or taxi (available in larger towns like Fargo, Bismarck, Minot, and Grand Forks).

• Stay overnight with a friend or book a local motel.

• If you must be in your car, keep it parked on private property, keys out of reach, and stay in the back seat.

Frequently Asked Questions

Q1: Can I be arrested for DUI in North Dakota if I’m sleeping in my car?

Yes. In North Dakota, being in “actual physical control” of a vehicle while intoxicated can lead to a DUI charge, even if you’re not driving.

Q2: What is “actual physical control” under North Dakota DUI law?

It means being in a position to operate the vehicle—such as sitting in the driver’s seat with access to the keys—even if the car is not moving.

Q3: Does it matter if the engine is off?

Having the engine off can help, but if you’re in the driver’s seat with the keys accessible, you could still be charged.

Q4: Is it safer to sit in the back seat?

Yes, sitting in the back seat with keys stored away reduces the risk of being considered in actual physical control.

Q5: What are the penalties for DUI in ND if I wasn’t driving?

The penalties are the same as if you were driving—jail time, fines, license suspension, and a criminal record.

Q6: How can a lawyer help fight a sleeping-in-car DUI?

A defense attorney can argue lack of intent to drive, keys out of reach, or that you were on private property without public access.

The Bottom Line

North Dakota’s DUI laws are strict, and actual physical control means you don’t have to be driving to face charges. Sleeping in your car after drinking—even with good intentions—can still lead to a DUI arrest.

If you’ve been charged, you need an experienced North Dakota DUI defense attorney who understands the law, local courts, and the strategies to fight these cases.

Contact Heartland Law Office

If you or someone you know has been charged with DUI—even for sleeping in your car—call 701-JUSTICE or visit our DUI Defense page to schedule a consultation. We represent clients in Bismarck, Minot, Dickinson, Williston, and across North Dakota.

This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.