Sleeping In Cars and Drunk Driving Arrests
It is possible to be arrested for a DUI or DWI while sleeping in a car, although many people mistakenly believe this will not happen. Individuals assume that if they are not driving a vehicle along the roadway, they cannot be charged with a DUI or DWI, but this is not always the case.
There are complexities to Florida law, every situation has its own details to review. To have your situation assessed by an expert, connect with a Clearwater criminal defense lawyer.
Physical Control of the Vehicle
In Florida, you can be arrested for a DUI or DWI while sleeping in your car if you had actual physical control of the vehicle. This is where things become complicated as the definition of actual physical control is not clearly defined by law. Each detail of each case will need to be assessed depending on the circumstances. Factors that may be considered include the following:
- Were you sitting in the driver’s seat of the vehicle?
- Was the vehicle running at the time?
- Did you have the keys in your hand?
So, for example, if you were in your car while under the influence of drugs or alcohol and the vehicle running, for example, an officer could assume that you had physical control of the vehicle, which would likely lead to a DUI or DWI charge.
What Defense Strategies Are Possible?
After a DUI or DWI arrest while sleeping in your car, it is important to consult with a criminal law attorney as soon as possible. Legal professionals who have worked on similar cases can review the circumstances of your arrest, inform you of what will happen next, and determine the best course of action.
For instance, one possible defense strategy is for your lawyer to challenge the officer’s assertion that you had physical control of the vehicle. If there is a way to argue that you did not have control of the vehicle, you may be able to have the charges reduced or dismissed.
Of course, the best way to avoid being arrested for a DUI or DWI while sleeping in a car is to stay out of your car if you have been drinking alcohol. If you know you will be consuming alcohol, make sure you have a designated driver, or plan to use a ride-sharing service, such as Uber or Lyft. And if you have been arrested for a DUI or DWI while sleeping in your car, connect with a Clearwater criminal defense lawyer to protect your rights.
Are you struggling to understand why you were arrested when you were sleeping in your car? After a DUI or DWI charge while sleeping in a vehicle, it is important to consult with a Florida criminal lawyer. When you meet with an attorney, s if having the charges dropped or negotiating a plea bargain is possible can be discussed. Bring the details of your case to the attention of the legal team at King Law Group. Schedule your free consultation today.
