Can I get a DUI in North Dakota for sleeping in my car?

Yes. If you are impaired and in Actual Physical Control—such as sleeping in the driver’s seat with keys available—you can be charged. Moving to a non-driver seat and removing access to keys may reduce risk but does not guarantee you will avoid APC.

Does it matter if my car is parked on private property?

APC in North Dakota can apply on public roads, parking lots, and private property. Location is only one factor; access to keys, where you are seated, and whether the engine can run are also considered.

Do I have Actual Physical Control if the keys are not in the ignition?

Possibly. Courts often look at whether the keys are within reach or otherwise available to you. Even if the keys are not in the ignition, accessible keys can still support an APC finding.

Is APC treated the same as driving under the influence (DUI) in North Dakota?

Yes. An APC charge is generally treated like a DUI charge for penalties and consequences, even though the state does not need to prove actual driving—only the ability to operate the vehicle while impaired.

What are the potential penalties for an APC charge in North Dakota?

Penalties can mirror DUI penalties and may include fines, jail time, a chemical dependency evaluation, and license suspension. Exact outcomes vary by prior record, test results, and case facts.

Does it matter if the engine was running?

A running engine can be strong evidence of Actual Physical Control, but it is not required. Courts consider the totality of circumstances, including seat position, key access, and vehicle operability.

What factors do North Dakota courts weigh in APC cases?

Common factors include where the vehicle is parked, where the person is seated, whether the keys are accessible, whether the engine is running, and any indications of intent or ability to drive.

How does Actual Physical Control affect my driver’s license in North Dakota?

An APC arrest can lead to administrative license consequences similar to DUI. Timelines for challenging a suspension are short, so prompt action is important to preserve your options.

Is staying in the back seat enough to avoid APC in North Dakota?

Being in the back seat may help show you lacked immediate control, especially if someone else has the keys. However, APC is determined by all circumstances, so seating location alone is not decisive.

Should I call a lawyer if I’m cited for Actual Physical Control in North Dakota?

Consulting a qualified North Dakota DUI defense attorney can help you understand the charges, deadlines, and defenses. This information is general and not legal advice for your specific situation.

What Is ‘Actual Physical Control’ in North Dakota DUI Law?

Q: What does “Actual Physical Control” mean in North Dakota DUI law?

In North Dakota, Actual Physical Control (APC) means a person can be charged with DUI even if they are not driving, so long as they have the immediate ability to operate a motor vehicle while impaired. This often involves factors like access to keys, position in the driver’s seat, and whether the vehicle can be started.

Q: Can an APC charge be reduced or dismissed?

Sometimes. Viable defenses may include lack of access to keys, being in a non-driver seat, an inoperable vehicle, or constitutional issues with the stop or arrest. Outcomes are fact-specific and depend on the evidence.

Heartland
2 days ago
4 min read

car keys in the cupholder of the vehicle

What Does “Actual Physical Control” Mean in North Dakota?

In North Dakota DUI law, you don’t have to be actively driving to be charged with a DUI. The law uses the term “actual physical control” (often shortened to APC).

Under N.D.C.C. § 39-08-01, it is illegal for anyone to be in actual physical control of a motor vehicle if they are under the influence of alcohol, drugs, or have a blood alcohol concentration (BAC) of 0.08% or higher.

This means that even if your car is parked, you could still face DUI charges if the court determines you had the ability to operate the vehicle.

Why Does North Dakota Use the “Actual Physical Control” Rule?

The reasoning behind APC laws is preventive. Lawmakers want to stop impaired drivers before they can put themselves and others in danger.

For example:

A driver who pulls over to “sleep it off” in their car while intoxicated might still be charged, since they had the keys and ability to drive away at any moment.
Someone sitting in a running car to keep warm on a cold night in Bismarck could also face APC charges if under the influence.

North Dakota’s harsh winters and rural roadways often make this issue even more common.

Key Factors Courts Consider in APC Cases

Car parked outside a grocery store in North Dakota.

Courts in Bismarck, Minot, Fargo, and across the state will look at several factors when deciding if you were in “actual physical control” of a vehicle:

Location of the vehicle – Was it parked on the side of the road, in a driveway, or in a public lot?
Location of the driver – Were you in the driver’s seat or elsewhere in the vehicle?
Possession of the keys – Did you have the ignition keys in your hand, pocket, or nearby?
Engine status – Was the car running or capable of being started immediately?
Intent to drive – Did the circumstances suggest you planned to drive?

Every case is fact-specific. Something as small as whether the keys were in the ignition can make the difference between a conviction and a dismissal.

Example Scenarios of APC in North Dakota

Here are some fictional scenarios to illustrate how APC charges may come up:

Minot tailgate party: John decides not to drive home after drinking but falls asleep in the driver’s seat with the keys in the ignition. Police can still charge him with DUI under APC.
Bismarck winter night: Sarah sits in her running car in a grocery store parking lot to stay warm while waiting for a sober ride. If her BAC is over the limit, she could face APC charges.
Williston bar parking lot: Tom hands his keys to a friend and falls asleep in the back seat. Since he doesn’t have control of the vehicle, his defense against APC is stronger.

Penalties for APC in North Dakota

The penalties for actual physical control DUI charges are the same as a DUI for driving:

First offense: Up to 30 days in jail, fines up to $750, mandatory addiction evaluation, and possible license suspension.
Repeat offenses: Higher fines, longer jail time, extended license suspensions, and mandatory treatment programs.

For full details, see North Dakota Century Code § 39-08-01.

Defenses to APC Charges

Man asleep in his car on the side of the road in North Dakota

Not every APC arrest leads to a conviction. An experienced DUI defense attorney in North Dakota may raise defenses such as:

You were not in the driver’s seat or had no intent to drive.
The vehicle was inoperable (e.g., no fuel, flat tire).
You had surrendered your keys to someone else.
The stop or arrest violated your constitutional rights.

These defenses depend heavily on the facts of your case and require a careful legal strategy.

Frequently Asked Questions About Actual Physical Control in North Dakota

Q: Can I get a DUI in North Dakota if I’m just sleeping in my car?

Yes. If you are in the driver’s seat, have access to the keys, or the car can be started, you could still face APC charges.

Q: Does it matter if the car is parked on private property?

Not necessarily. North Dakota courts have held that APC can apply whether the vehicle is on a public roadway, a parking lot, or even private property.

Q: What if the keys are not in the ignition?

Courts often look at whether the keys were within your reach. If the keys are nearby—even if not in the ignition—you may still be considered in control.

Q: How is APC different from driving under the influence (DUI)?

Legally, APC is treated the same as DUI. The difference is that with APC, the state doesn’t need to prove you were driving—only that you had the ability to drive.

Q: Can an APC charge be reduced or dismissed?

Yes. Depending on the facts of your case, a skilled DUI defense attorney may negotiate for reduced charges, or argue for dismissal if the evidence is weak.

Why You Need a DUI Defense Attorney in North Dakota

Because APC charges carry the same weight as DUI charges, they can affect your license, your job, and your criminal record. Having an attorney on your side can make the difference between conviction and dismissal.

At Heartland Law Office, we’ve defended clients in Bismarck, Minot, Williston, Dickinson, and across North Dakota against APC and DUI charges. We understand the local courts, the prosecutors, and the law—and we fight to protect your freedom.

Take the Next Step

If you or someone you love is facing an actual physical control charge in North Dakota, don’t wait. The earlier you act, the more options you may have.

📞 Call us today at 701-JUSTICE or visit our DUI Defense page to schedule a consultation.

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