9 ANSWERS
Yes.
Answered on May 22nd, 2013 at 10:59 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It's possible depending on all of the facts and circumstances. There are many questions that need to be answered, such as what was your blood alcohol level? How did the car get to the location where you were charged? How much did you have to drink?
Answered on May 20th, 2013 at 11:58 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Possible. Did you get into the car with the intent to drive it? And then fell asleep?
Answered on May 20th, 2013 at 10:42 PM
Alexis Anne Plunkett
Theoretically yes. If you have been drinking and you choose to sleep in your car, place the keys somewhere that you cannot get them, such as in the trunk. Then if you are approached by the police, the keys are in a place where you do not have easy or immediate access to them.
Answered on May 20th, 2013 at 10:36 PM
Yes, via circumstantial evidence. You need to hire a DUI specialist.
Answered on May 20th, 2013 at 10:16 PM
Michael J. Breczinski
If the car is running or has the keys in the ignition then it could be considered operating a vehicle. If the car is off then no.
Answered on May 20th, 2013 at 1:56 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Maybe, you may have a strong defense as the prosecutor must prove driving but this may be done with circumstantial evidence. You should contact a DUI lawyer in your area and discuss the specific facts, you may be able to beat these charges.
Answered on May 20th, 2013 at 1:56 PM
Michael Paul Vollandt
If keys are in the ignition and someone has seen you driving then you can be charged. However; if you have been sleeping for a couple of hours your BA will probably be very low.
Answered on May 20th, 2013 at 1:54 PM
1 Award
Yes, you can. Utah law requires that you be in "actual physical control" of your car to be convicted of a DUI. Some juries will decide a person was not in actual physical control if they were asleep, and the jury will acquit. To maximize chances of an acquittal, you should hire an attorney immediately.
Answered on May 20th, 2013 at 1:53 PM