Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Sleeping In The Car: DUI?
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- Many times, DUI offenders are arrested after they have been reported to be asleep behind the wheel of a car, even when the car has been parked somewhere and are far away from a public roadway.
Recently, a DUI arrest had a public figure involved who argued that he was simply too tired to drive and was catching some sleep at a gas station parking lot, in his car. An officer arrested the man for DUI, even though the car was parked. Although the man refused to give a breath test, he failed sobriety tests according to the officer.
According to the current law, if you are physically inside of your car, you are in control of the vehicle. This means that you do not have to necessarily drive a car to be arrested for DUI.
Every year, this law causes multiple arrests for individuals who think that it might be safer to sleep off a night of drinking in the car rather than drive the vehicle home. Many times, the defendants also leave their cars running to maintain a steady level of heat or air conditioning.
The best way to prevent this type of arrest is simple. Just call a cab, avoid drinking, or use a designated driver. And if it is not possible for you to leave your car at the scene, it is better to opt for the back seat instead of the driver seat to sleep.
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