sleeping in your car can result in a DUI and often does unless you do this one thing get out of the driver's seat if you're going to sleep in your car climb in the back seat get in the passenger seat case law says if you're in the driver's seat and you have the keys in the ignition and all you have to do is sit up turn the car on and put it in Drive you're in physical control the officer doesn't have to see you drive he just needs to see you in physical control of a motor vehicle while under the influence of alcohol or drug and the most common way to do that is to sleep in the driver's seat my argument as a defense attorney would be yes you can sleep in the back seat it goes a long way to show your intent not to drive the bottom line on sleeping in your car after you've had something to drink is get in the backseat of your car so you don't end up in the back seat of his car