If I pass out drunk in the back of my car, can I be charged with drunk driving?

If I pass out drunk in the back of my car, can I be charged with drunk driving?

Neil Shouse (Defense Attorney) gives expert video advice on: What is the legal definition of 'drunk driving'?; What is a 'DUI'?; What is a 'DWI'? and more...

If that's the only evidence there is that you are passed out drunk in the back of your car, then no, you cannot be charged with drunk driving. However, if there is evidence that before you got in the back of your car and passed out, that you had been driving the vehicle and while you were driving you were already impaired, then you could be charged with drunk driving.