Could I be arrested for DUI if I was sleeping in my car? How? - DUI Law Questions and Answers- LawQA.com

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Could I be arrested for DUI if I was sleeping in my car? How?

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?

Lawrence Lewis
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You can fight it, but you will probably need an attorney, since you could not talk your way out of being arrested.

Answer Applies to: Georgia
Replied: 4/22/2015

Nichols Law Firm
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You can be arrested. I'm not sure if the prosecution will get very far though.

Answer Applies to: Michigan
Replied: 4/22/2015

The Rogers Law Firm
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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.

Answer Applies to: Missouri
Replied: 4/22/2015

Answer By Robert 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.

Answer Applies to: Florida
Replied: 4/22/2015


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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.

Answer Applies to: California
Replied: 4/21/2015

Answer By Joseph Schramm

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The DUI laws are written in such a way that, if you are in "control" of your car while under the influence you can be cited. This does not necessarily mean that you have to be behind the wheel anymore with the motor running. However, you should retain counsel if you are going to be charged with DUI to discuss more thoroughly the facts surrounding your case to see if there are any mitigating circumstances.

Answer Applies to: Pennsylvania
Replied: 4/21/2015

Answer By Cynthia Henley
Cynthia Henley, Lawyer
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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.

Answer Applies to: Texas
Replied: 4/21/2015

Answer By James Smith
Law Office of James E. Smith
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Happens all the time.

Answer Applies to: Nevada
Replied: 4/21/2015


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First question is did you drive to the garage? Where were the keys? Depending on the answers to these questions you may be able to contest.

Answer Applies to: New Jersey
Replied: 4/21/2015

Charles M. Schiff, Attorney at Law
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You are probably charged with being in physical control of a motor vehicle while under the influence. The state claims that if you have the means to start the car, you could well do so. Physical control is specifically made part of the Minnesota DWI statute.

Answer Applies to: Minnesota
Replied: 4/21/2015

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