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Arrested for DUI While Sleeping in the Car

While you might think that sleeping off your drunkenness in the car is a way to avoid getting arrested; however, law enforcement is trained to recognize when someone is drunk behind the wheel, even if the vehicle is parked and the engine is off.

Those moments that fade between fuzzy and clear, and between drunk and sober, can be difficult to differentiate once you are behind the wheel. That is why drivers find a shoulder on the road to pull over or exit the freeway altogether to find an area to catch a few minutes of shut eye before getting back on the road.

Protecting Yourself from DUI Charges

You might think you are doing the right thing by not driving. However, there are some extra steps you must take to ensure that you will not be arrested. When an officer approaches your vehicle, they will first assess whether or not the area is safe or search for signs of suspicious activity.

If they detect the scent of alcohol, they might request that you perform a field sobriety test or a blood or breath test. The assumption is that if you were in the vehicle and are intoxicated, then you were more than likely you were also driving drunk.

Forming a Defense for Your Case

Even the implication that you were driving is enough evidence to prove that you were driving under the influence. The courts will look at many factors to determine the evidence.

These factors might include the following:

  • The location of the vehicle – if it is parked off or on the road
  • The location where you are sleeping
  • The location of the keys in the vehicle
  • Whether or not the vehicle can be driven

Despite what your account of the story may be, the prosecution may be otherwise convinced about the events. In those critical moments when an officer arrests you, it is important that you protect yourself and refrain from admitting anything to law enforcement. They will use all of the information and evidence that they can gather. If the keys are in the ignition, for example, that can be used as clear indication of drinking and driving.

Contact The Law Offices of Robert F. Sommers

For these reasons, it is urgent that you seek legal representation. Our Ventura DUI attorney, Robert F. Sommers, has handled more than 4, 000 DUI cases to date. He knows how to represent your best interests and keep your freedom and your rights protected.

To schedule a no-cost consultation, please contact us today!