Police officers commonly come across drivers who are sleeping in their cars until they become sober. Often, a driver has turned on the ignition in order to listen to music or use the heater/air conditioner before falling asleep. The police will likely charge the driver with a DUI. In these cases, the prosecution may assert that the driver had operated the vehicle prior to encountering the police, intended to operate the vehicle or was in control of the vehicle while in an intoxicated state.
A knowledgeable DUI attorney will argue certain exceptions in the law concerning these circumstances; disputing that the person “operated” or “intended to operate” the vehicle while intoxicated. Nonetheless, the best bet is to entirely stay away from a vehicle when you are intoxicated.