DUI defense lawyer in Alabama discusses if you can be charged with DUI if you are napping in your auto
Mobile, AL- Sometimes, after a night of drinking, a person heads to their car only to realize that driving would be a bad idea, so they get into their car and pass out. They think they are doing the right thing by staying put and sleeping it off, but soon find they are being charged with driving under the influence.
Can you be charged with DUI even if you weren’t driving?
It would seem if you were simply sleeping in your car or truck after a night of drinking, you aren’t in violation of Alabama’s DUI laws, but it is possible for you to be questioned, asked to go through a battery of field sobriety tests and taken to jail on DUI charges.
In Alabama, DUI charges apply if you are driving and pulled over by an officer or if you were in your car, napping until you felt safe to drive. The state like others allows police to charge impaired drivers for simply being intoxicated and sitting in their vehicle, and it doesn’t matter if you are in a parking space, on the side of the highway or in your driveway.
When am I in actual physical control of a vehicle?
To determine if you are in actual physical control of your vehicle, the state of Alabama looks at all circumstances surrounding your arrest. Some questions the court asks when determining if you have actual physical control include: Were you behind the wheel? Was the key in the ignition? Was the vehicle drivable? Were you impaired when you pulled over and parked? The answers to those questions along with other facts about your case will determine if you were in actual physical control before your DUI arrest. USAttorneys recommends you speak with a DUI lawyer in Mobile, Alabama to decide if you can challenge your DUI by questioning the state’s assertion that you were in physical control of a vehicle.
Other factors law enforcement will look at to determine actual physical control
When trying to decide if you were in physical control of a vehicle, police will scrutinize some things including your appearance, whether you’ve shaved or groomed, if your eyes are bloodshot, droopy or glassy, whether your speech is slurred or if your breath smells like alcohol. If any of the above applies, an officer is probably going to ask you to submit to field sobriety tests and will note their observations on your arrest record. You need to counter any evidence presented, and for that, you need a defense expert.
Consult with a DUI lawyer
If you were charged with DUI but were parked in a garage or on the side of the street or highway, you may be able to avoid conviction. We recommend you contact a DUI lawyer in Mobile, Alabama to develop a solid defense. They will give you a better chance of fighting a drunk driving conviction. Call today and set up a case evaluation.