Charged With DUI for Sleeping in a Car

[tech72]

I was arrested and charged with a DUI for sleeping in my car. This was my second DUI and since I did not submit to a breathalizer test, my license was suspended for 3 years. The charge was dropped to wreckless driving since there was insufficient evidence to convict me of a DUI. I am now on probation for 2 years, which means I cannot possess a firearm,enter a bar, random drug tests,etc. I cannot express how angry I am over this situation. I have now lost my job and currently face jail time for failure to pay child support! I cannot begin to understand how our legal system can expect anyone to rectify a poor decision. I would sleep in my car again, if I felt I was unable to drive. I am so sick of hearing how driving is a privelage and not a right, yet the state gives out licenses like candy. I have no accidents on my driving record, but I'm a threat to public safety (sleeping in my car). The DUI laws are an assumption that you could have killed someone, yet more accident related deaths are caused by sober drivers. I could go on and on, but I started writing this with hope that someone may have a legal option for me so I can work and support my family(since the state doesn't care!).

[aaron]

In what state?

[Fxston]

To be found guilty of DUI, DWI, DWAI, and all of its variants, you must be in control of your car. Some states consider you in control of you car if you merely possess your keys while occupying the car. That sounds like what happened to you. If you absolutely have to sleep it of again, make sure your keys are not on your person. A taxi or a sober friend are better alternatives.

[tech72]

Sorry, Illinois!

[aaron]

According to the Illinois Secretary of State's Office,

If your license is suspended or revoked by the Secretary of State’s office, you may be eligible for a Restricted Driving Permit (RDP). Under Illinois law, an RDP may be issued to drivers age 16 or older to allow limited driving privileges for employment, education or medical care. Before the Secretary of State’s office issues an RDP, it must be determined that the driver receiving the permit does not pose a threat to the safety of others on the roadway. A statutory summary suspension second offender is not eligible to apply for an RDP. Eligible applicants with prior DUI suspensions or revocations must have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle. More information on Restricted Driving Permits is available from the Secretary of State’s Administrative Hearings Department, 210 Howlett Building, Springfield, IL 62756.

[why__not]

i was arrested for dui in a similar situation, had a flat tire and was waiting for aaa. upon appeal the dui and all other charges where dismissed. in my case the engine was running to keep the heater on.
appeal division ruled that i had no clear intention to operate the car, in calling aaa, just the opposite.