The Bert Show – Vault: Can You Get a DUI…While Sleeping?

Episode Date: March 26, 2026

Episode Overview

This episode delves into a widely debated urban legend: Can you get a DUI (Driving Under the Influence) if you're sleeping in your car while intoxicated, with no intention of driving? The Bert Show crew investigates with real-life stories, listener calls, and, crucially, expert insight from a police officer. The central goal: clearing up misconceptions and understanding how laws vary, especially comparing Minnesota’s legal perspective with that of Georgia.

Key Discussion Points & Insights

1. Setting the Scene: The Minnesota Case

• Host introduces a case where an intoxicated man slept in his car in Minnesota, not driving, and yet received a DUI (00:31).
  • “So about two hours later, police officer takes his flashlight… You wake up, and he says, 'I’m sorry, you’re getting busted for a DUI.'”
• The crew questions whether this would hold true in Georgia or elsewhere.

2. Listener & Crew Stories: What Really Happens?

• Listener/Caller 1 recounts his personal experience, paralleling the Minnesota story but in Atlanta. He:
  • Waited in his car, started the AC from the passenger seat, and was warned by an officer that even as a non-driver, he could be considered in “control” of the vehicle because the keys were in the ignition (03:16 – 04:07).
  • “He said, just so you know, you’re in a running car right now. It would be gray, but you could be considered the operator of this motor vehicle. He said, just to be safe, I wouldn’t start it, and I would even go back inside and give the keys to the person who’s going to drive you home.” (04:07)
• Caller 3 shares her husband’s story: after partying in Athens, he tried to sleep it off in his car with the keys in the ignition and wound up charged with a DUI, despite reclining the seat as far back as possible (04:42 – 05:40).
  • “They said, 'We don’t know that you weren’t planning on driving, and you just passed out before you could.'” (05:33)

3. Questions About Legal Details

• The crew raises specific questions:
  • Does sitting in the back seat versus the driver’s seat matter?
  • What about where the keys are—ignition vs. elsewhere in the car?
  • Do laws differ by state (e.g., Minnesota vs. Georgia)? (02:49 – 03:13)

4. Officer Alexander Brings the Law (Georgia’s Perspective)

• Officer Alexander, an Atlanta police officer, calls in to clarify Georgia law (06:36 – 08:55):
  • “You have to be in physical control of that car. That car has to be in motion; you have to be in full control of it. ... But if you’re in a parking lot and you’re passed out in the front seat and the keys are on the back seat or on the seat, you will not get charged with a DUI in the state of Georgia.” (06:59)
  • Possession of keys matters most when intent and car movement are possible.
  • If the keys are in the ignition (even in park), there’s more risk for a DUI.
  • Sleeping it off safely: Stay out of the driver’s seat, keep the keys out of the ignition. (08:50 – 08:54)

5. Notable Quotes & Memorable Moments

• “The reclining thing—I saw somebody behind me on the interstate that was reclined in their seat. That doesn’t mean anything because ... there’s some people that actually drive with the seat back as much as possible.” — Host, on the myth that a reclined seat alone would prove no intent to drive (05:53).
• "If you decide to get in your car and sleep it off in a parking lot... stay out of the driver's seat... and keep the keys out of the ignition." — Officer Alexander’s advice (08:50 – 08:54).
• Crew humor: On getting caught passed out at a strip club — “You don’t want to wake up in the backseat of a car with another dude in the parking lot of a gentleman’s club when the sun comes up.” (06:21)
• “Drunk logic, always. ‘I’ll feel so much better if I can take a 90-second nap.’” — Caller 1, on poor drunk-driving decisions (09:12).

Important Segments with Timestamps

• [00:31] — Introduction of the Minnesota case
• [03:16 – 04:07] — Caller 1's real-life Atlanta experience and police advice
• [04:42 – 05:40] — Caller 3’s Athens story (keys in ignition = DUI)
• [06:36 – 08:55] — Officer Alexander’s detailed legal explanation & advice
• [08:50 – 08:54] — Officer Alexander’s clear instructions for staying DUI-safe
• [09:10 – 09:20] — Comic relief on "drunk logic" and real dangers

Conclusions & Takeaways

• DUI Laws Are Context-Dependent: Location, position in the car, keys’ whereabouts, and the state you’re in play crucial roles.
• In Georgia:
  • Being in the driver’s seat with the keys in the ignition, even if not moving = high risk for DUI charge.
  • Back seat or passenger seat with keys away from ignition, especially in a private lot = much safer legally.
• Best Practice:
  • Don’t sit in the driver's seat.
  • Keep the keys entirely out of the ignition—and even better, give them to someone else if you can.
  • If you’re drunk, get a ride or stay where you are. Sleeping in your car is risky, but position matters.

The Bert Show uses humor and honesty to answer a serious question—so next time you think about sleeping it off in your car, remember their advice and always err on the side of legal (and personal) safety.