The first time my son got into some legal trouble, I didn't hire an attorney. I figured that he would just get a slap on the wrist and that he should accept his punishment, and that's what happened. The second time he got into trouble, I had to hire an attorney. I knew that since he had a record, the judge would not be so lenient about his punishment and he could suffer some serious consequences that could haunt him for his entire life. If you have a troubled child, my blog could help you understand the value of hiring an attorney for him or her.
the value of hiring an attorney for your troubled child
Sleeping The Alcohol Off: You Can Still Be Charged With DUI/DWI
Owen Bertrand
No one goes out hoping to get arrested for a DUI. But some people don't realize just how intoxicated they truly are until they get in the car and behind the wheel. When that moment of clarity comes, you may want to simply pull over and try to sleep off the alcohol. Unfortunately, there is the risk of being charged with a DUI even if you are just sleeping and not driving. Read on to learn more.
Take a Few Preventative Measures to Avoid a Charge.
While you attempted to do the right thing by the law, it may be in your best interest to take a few precautionary measures to ensure that you don't get arrested if a cop comes up to your window while you're resting. You need to be able to make it extremely clear that you were sleeping and not just taking a break from driving.
For example, avoid sleeping in the driver's seat behind the steering wheel. Instead, hop into the back seat. Don't leave your keys in the ignition and don't have them on your person. Instead, stick them in the glove box or the trunk. This may help you in convincing authorities that you had no intention at all of getting behind the wheel while still intoxicated.
Unfortunately, You May Still Be Out of Luck.
Sadly, some states have made it illegal to drink and park. DUI laws vary from state to state, but most states say that a DUI conviction can occur if you were driving or could possibly drive a vehicle – in other words, as long as you are in control of the motor vehicle, you can be charged and later convicted.
For example, in a high court in Minnesota, a man was convicted of drunken driving even though he wasn't driving. He was in the driver's seat at his apartment complex, but he was asleep and his keys were on the vehicle's console. The court determined that the man was in physical control of his automobile and could have started the vehicle at any time and left the scene, potentially causing harm to himself and others.
Some Final Considerations
The best thing that you can do is to avoid getting in a vehicle in the first place if you've been drinking. Call a cab or a friend to be safe. However, if you do decide to sleep it off in your automobile, make sure you are off the road and not in the driver's seat. You need to also make sure the keys are as far away from you as possible and are not in the ignition. You may even want to consider unplugging the battery cables to make it clear that you have no intention of operating your vehicle.
If you've been arrested after trying to sleep off your intoxication or have simply been arrested for drunken driving, contact an experienced DUI attorney as soon as possible in order to build a defense and work toward the most favorable outcome.
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