What Do I Need to Know About Sleeping Driver and DUI Charges?

What Do I Need to Know About Sleeping Driver and DUI Charges?

Drunk Driving Lawyer New Jersey

What Do I Need to Know About Sleeping Driver and DUI Charges

Sometimes when a person realizes they have had too much to drink to be driving, they will pull over to a safe place and sleep. But can they still be arrested for drunk driving if a police officer should knock on their vehicle window? In some cases, yes they can.

Every state has laws against drunk driving. These laws basically say that it is illegal to be in control of a vehicle if you have more than the legal limit of alcohol in your system. In situations where a driver is arrested and charged with DUI after they pulled over and parked the vehicle, if the court determines that the driver was still in physical control of the vehicle, the driver could be found guilty of drunk driving. The key to defense of these charges is defining what physical control of the vehicle actually means.

In some states, the driver does not have to be moving the vehicle or even intend to move the vehicle in order for the law to say they had physical control. Some of the key factors that will make this determination include:

  • Whether the driver had the ignition key for the vehicle
  • Whether the driver was physically capable of operating the vehicle
  • Whether the driver was sitting in the driver’s seat

There are other factors the court may look at, as well, in order to determine if the driver did have physical control of the vehicle and was, in fact, driving under the influence of alcohol.

So How Does a Driver Avoid a DUI Charge?

If you have been drinking, then you should avoid sitting in your vehicle at all. Consider taking a taxi, ridesharing vehicle, or walking home if there are no sober drivers around who can drive you home. If you have no other options but to sleep in your vehicle, there are steps you can take to show you did not have physical control of the vehicle. Put the car’s key in the glove compartment and sit in the back seat of the vehicle.

Contact a Drunk Driving Lawyer Today

Have you been charged with DUI after you pulled over and thought you were doing the right thing? If so, you need a dedicated drunk driving lawyer from Rispoli & Borneo to aggressively defend you.

If you have been arrested and charged with driving under the influence, you could be facing serious consequences, not only criminally but also personally. You may be facing loss of license, heavy fines, and possible jail time depending on your past drunk driving history. A conviction can also affect your ability to work, as well as future job or educational opportunities.

Call Rispoli & Borneo today to find out how one of our drunk driving lawyer New Jersey clients recommend can help. We will work diligently to get you the best possible outcome based on the circumstances of your case. Call our office today for a free case evaluation.