If you're capable of operating the vehicle, it can still count. A driving instructor once told me that if you have to sleep off drunkenness in the car, find a

If you're capable of operating the vehicle, it can still count. A driving instructor once told me that if you have to sleep off drunkenness in the car, find a place to hide the key (ideally outside the car) so you are not considered capable of operating it. Really, these laws are pretty absurd, but drunk driving kills a lot of people so here we are.