South Florida Criminal Defense Lawyer Blog
Drunk drivers are a danger on the road, most times they are invading other traffic lanes, taking red lights, or even swerving into oncoming traffic. It is quite obvious in these instances, that the person behind the wheel is not paying attention or is somehow impaired. Although driving under the influence laws usually underline that a person be in “control” or have intent to “operate” a motor vehicle while intoxicated or impaired, police arrest and pursue charges of DUI-DWI, many times without reviewing the actual particular circumstances and elements of the law.
As a criminal lawyer I have occasionally, answered the question, Can I be arrested for sleeping in the car while drunk?, you will see why almost anyone can be charged with driving under the influence, but at times the charges are not clear or do not adhere to the laws against drunk “driving”.
Many police officers find persons sleeping intoxicated behind the wheel of parked cars some people, do not even have the keys to the vehicle. Other persons may be trying to sleep of a drunken stooper in order to be sober enough to drive off at a later time. Police officers are responsible for the safety of civilians and as such they have a duty to determine if someone is impaired enough, and should not operate a motor vehicle. Police are instructed to perform sobriety tests and use breathalyzer meters to measure a person’s intoxication level.
Therefore, if you sleep in your car after you have been drinking and an officer has to wake you, and performs a blowing test and you fail, because your blood contains more than the legal limit of alcohol, or you stumble trying to do the steps of the sobriety test. You can be charged with DUI, but depending on the situation you may not always meet the standards of the law to prove the charges against you.
IF you have any question or need assistance determining your charges of DUI or DWI call me for a free consultation.