QUESTION
Could I be arrested for DUI if I was sleeping in my car? How?
Asked on Apr 21st, 2015 on DUI/DWI - Colorado
More details to this question:
Last weekend I had too much to drink at a bar so instead of driving, I tried to do the responsible thing and went to sleep it off in my car in a parking garage. A few hours later, a cop was knocking on my window and he asked me what I was doing. I told him that the truth, and after failing the sobriety tests, I was booked into jail. Can I fight this? Somebody please help what should I do?
13 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. How did your car get to the parking garage? Did you park there before you went to the bar? Do you have any witnesses who can prove that you did not drive your car to the garage after you had been drinking? Since we do not have all the facts, it is impossible to give a completely accurate answers. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 22nd, 2015 at 2:41 PM
The prosecutor can legally charge you with DUI even if you are asleep in your car because there is the possibility that you were either driving drunk and pulled over to sleep it off, or you would wake up soon and decide to drive home while you were still drunk. This happens all the time. Hire an experienced DUI attorney to represent you if you want to avoid having a DUI conviction on your permanent record.
Answered on Apr 22nd, 2015 at 11:45 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You can be arrested. I'm not sure if the prosecution will get very far though.
Answered on Apr 22nd, 2015 at 11:45 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Talk to a local attorney about the incident. Florida does allow an arrest if a person is in "actual physical control" of a parked vehicle and the person is under the influence. Judges usually do not like the charge.
Answered on Apr 22nd, 2015 at 9:24 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Hire a lawyer. If a jury were to find that you were?"operating" a motor vehicle, you could be convicted. There is one really bad Texas case out there but it is ridiculous. You need to hire a lawyer ASAP to handle your ALR hearing, too.
Answered on Apr 21st, 2015 at 7:05 PM
James Edward Smith
Happens all the time.
Answered on Apr 21st, 2015 at 5:35 PM
Yes you can. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Apr 21st, 2015 at 5:30 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes, but it's difficult to get a conviction if the cops can't tell when you were driving.
Answered on Apr 21st, 2015 at 3:15 PM
1 Award
Yes, absolutely you can fight it. Utah law states that you can be convicted of a DUI if you are in "actual physical control" of a car. There are many facts that could lead to a jury concluding that you were not in control, such as not having the keys in the ignition, or being in the back seat, or whatever. Talk to a lawyer about your case and fight the charge. Many juries would be sympathetic to someone trying to do the right thing.
Answered on Apr 21st, 2015 at 3:02 PM
Sex Crime Attorney serving Salt Lake City, UT
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Jefferson and Biggs
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Yes there are ways of fighting this charge. But attorneys cannot contact you. You must contact us.
Answered on Apr 21st, 2015 at 2:48 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and do not speak with anyone about the incident until you do. This is NOT an easy case or a very good defense, but may be your best chance and worth a try.
Answered on Apr 21st, 2015 at 2:47 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You may very well have a defense. IF the car was not running, then you were not driving. You might have said something too much to the arresting officer, of course, and he may have had some kind of tip-off in advance. What you should do is consult a lawyer experienced in DUI defense very soon. Good Luck.
Answered on Apr 21st, 2015 at 2:47 PM
3 Awards
Yes you should fight it an attorney is likely necessary to win depending on where you were located in the car, where the keys were and some other things, you can win at DMV and criminal courts did you do a blood or breath test? if you refused or did a breath test over 0.08, then you must request a DMV hearing at the local DMV office within 7 days of the arrest or else you give up that right and will lose you license (hearing set within 60 days).
Answered on Apr 21st, 2015 at 2:42 PM