[mdekkers]

The times I have been over the safe driving limit in the UK, I have always climbed on the backseats to sleep, so that there could be no confusion about intent. I was once woken up by a policeman, told him I felt I was over the limit and decided to sleep in the car, and he told me "well done" and was on his way.

I think it is all about presentation (and how you speak to the police)