QUESTION
Can I win if I was sleeping in my car in the park and the police woke me up and arrested me for DUI?
Asked on Mar 27th, 2013 on DUI/DWI - Utah
More details to this question:
I never drove nor was observed operating my vehicle at any time. I did the field sobriety test and was arrested based on the officers conclusions. I refused a breath test. Do I have any chance of fighting this?
12 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You will need an attorney to help you win with these facts. This is a good scenario to have "good things happen" in your case. You should call a DUI attorney in your area, he/she can help you win your case, you have 10 days from your arrest to request a hearing from the DMV to prevent the automatic suspension of your license.
Answered on Apr 09th, 2013 at 7:47 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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That's called the mechanical sleeping bag case. Call a qualified DUI attorney.
Answered on Mar 29th, 2013 at 3:56 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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How did the car get to the park if you were not driving it and had you been drinking before the car got to the park. Even though you refused to take a breathalyzer test, you can still be convicted on the officer's observations. The refusal can make the situation worse.
Answered on Mar 29th, 2013 at 7:12 AM
Michael J. Breczinski
If the car was not running or the keys in the ignition then the answer is yes.
Answered on Mar 29th, 2013 at 7:12 AM
You have a good case, but in the beginning the prosecutor will throw the whole kitchen sink at you, because refusal cases have more severe consequences both in court and at the DMV. Which is why you need to hire a DUI specialist, someone who knows what he is doing, and do it soon because timely action is required at the DMV.
Answered on Mar 28th, 2013 at 3:42 PM
Auto Accidents Attorney serving St. Paul, MN
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Arechigo & Stokka, P.A.
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The state will most likely argue that you were in "physical control" of your motor vehicle, despite the fact that you were sleeping. Determining whether a person is in physical control of a motor vehicle requires analyzing a number of facts, including whether the vehicle was running, where were the vehicle's keys, whether there were any other passengers in the vehicle or nearby, etc. You should seek a consultation with an experienced DUI attorney before making any decisions regarding your case.
Answered on Mar 28th, 2013 at 3:42 PM
1 Award
Yes, it is possible you can beat the charge. In Utah, you need actual physical control of a car to be convicted of a DUI. If a jury decides that being asleep in the car was not "actual physical control" then they should find you not guilty. Hire a lawyer to help you fight the charge.
Answered on Mar 28th, 2013 at 3:41 PM
Darrell Jon York
They need to establish that you drove the car and that you were either impaired at the time of driving or your BAC was at or above .08 at the time of driving. I have handled several "no driving" cases and the prosecutors never win them.
Answered on Mar 28th, 2013 at 3:41 PM
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Actual Physical Control can be established simply by sitting in the drivers seat with the keys in the ignition, even without the engine running. The DMV will more easily find a problem than criminal juries, but you might be able to win both. If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. Do not request the officer. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Mar 28th, 2013 at 3:40 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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If the car was not running and you were using it solely for shelter, you have a decent chance of prevailing. However, there can be no proof that you drive that vehicle after you drank alcohol. If there is, that is a problem.
Answered on Mar 28th, 2013 at 3:39 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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In Utah, there is a doctrine called constructive control. Under your circumstances, if you had the keys to the car, you can be convicted of DUI.
Answered on Mar 28th, 2013 at 3:39 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will depend on the specific circumstances of the situation, get yourself a good attorney or you will lose.
Answered on Mar 28th, 2013 at 3:39 PM