Can you be arrested for DUI in SC if you are parked or sleeping in your vehicle?

Driving under the influence of alcohol or drugs is illegal in South Carolina.

But can you be charged with DUI if you’re parked or sleeping off your buzz in your vehicle?

Yes, you can, but there’s a lot that goes into how you can be charged.

There are also ordinances that govern such things in the Myrtle Beach area.

The most common way for people to be charged with DUI is being pulled over by law enforcement while driving. However, in some cases, you could be charged with DUI and not operating the vehicle.

State law says that a person operating a vehicle with a blood alcohol content of .08% or higher is considered driving under the influence. However, if you have at least .05%, along with other evidence, you also could be considered as under the influence.

The key part of the law is the word “driving.”

For all DUI related offenses in South Carolina, driving is an element that must be proven, according to Charleston attorney Grant Smaldone on his website. Smaldone says that the vehicle must have been in motion or the driver was not “driving.”

But where you are in the vehicle could contribute to the evidence that you were driving or that you intended to drive the vehicle.

Some of those instances include if the engine is running, if you are still behind the wheel, if you are conscious or not and the location of the vehicle, according to the criminal defense law firm H Law Group .

But while the burden of proof may be on the arresting officer and prosecution, there are other ways you could be arrested for sleeping while in your vehicle.

Open container

South Carolina law prohibits having an open container of beer, wine, or liquor in a vehicle, whether moving or parked on a public road. This also applies if the alcohol is on the passenger side.

The only exception is if the alcohol is in the trunk or luggage compartment or somewhere that the driver doesn’t have access to it.

Sleeping in your vehicle

In Myrtle Beach , it is against the law to sleep in a parked vehicle or other motorized vehicle after dark or overnight anywhere in the city.

The city’s ordinance even defines what it means to take a “nap” in daylight hours, including the length before it is considered no longer a nap.

The same goes for sleeping in your vehicle in North Myrtle Beach.

The city’s ordinance makes it unlawful for a person to sleep in any motor vehicle between 9 p.m. and sunrise.