# Is it illegal to sleep in your car?



## z104 (21 Aug 2008)

Does anybody know?

If after a night out you decide to go to beddy byes in your car can you be done for being in charge of a car under the influence and is there such a charge?


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## jhegarty (21 Aug 2008)

if you have the keys in the car with you yes....


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## Betsy Og (21 Aug 2008)

I heard that if the keys were in the ingnition it could be a problem. This could be harsh as you might want the radio (if it needed battery on) or some lights etc. Having the heater on is dangerous though, guy died in Dublin a good few years back due to this.

I gather its only if intoxicated that you forsee a problem (and I'd agree with you on that, having "camped" in such a fashion while backpacking)


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## csirl (21 Aug 2008)

> if you have the keys in the car with you yes....


 
Then sleep in the back seat or passenger seat.

I see this as being no different that the owner of a camper van sleeping in the back - can be as intoxicated as they wish.


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## z104 (21 Aug 2008)

csirl said:


> Then sleep in the back seat or passenger seat.
> 
> I see this as being no different that the owner of a camper van sleeping in the back - can be as intoxicated as they wish.


 
Good point..


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## jhegarty (21 Aug 2008)

The charge is this case is actually  "Prohibition on being in charge of vehicle while under influence of intoxicant". 




> A person shall be guilty of an offence if, when in charge of a mechanically propelled vehicle in a public place with intent to drive or attempt to drive the vehicle (but not driving or attempting to drive it), there is present in his body a quantity of alcohol such that, within 3 hours after so being in charge, the concentration of alcohol in his blood will exceed a concentration of 80 milligrammes of alcohol per 100 millilitres of blood.




http://www.irishstatutebook.ie/1994/en/act/pub/0007/sec0011.html


Once you are in the car with the keys you are in charge. This is a different to drunk driving where you need to have keys in ignition.

For how I read the act you could be charged in the camper van example...


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## shnaek (22 Aug 2008)

jhegarty said:


> Once you are in the car with the keys you are in charge.



How could you be in the car without the keys? Unless you are in the habit of leaving your car unlocked. Or unless someone let you in to the car, and then headed off with the keys.


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## csirl (22 Aug 2008)

> with intent to drive


 
The legislation says "with intent to drive". If you have no intention of driving i.e. are in the car with intent to sleep, then it is clearly not illegal. 

Being "in charge" on its own is not illegal - must be clear and provable intent to drive.

Looks like the OPs question has been answered.


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## Teabag (22 Aug 2008)

shnaek said:


> How could you be in the car without the keys? Unless you are in the habit of leaving your car unlocked.



I leave my car unlocked constantly. The lock system broke and the mechanic told me he would source a thingy-ma-jig and fix it, that was before Christmas. 
Its a fairly crappy looking car and it's filthy inside and out and there is nothing much to steal inside it (my fishing rod and Christy Moore best-of album maybe). I also live out the country. I have just gotten used to it when I am around town. So far so good.


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