Results 1 to 6 of 6
  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Default I Was Sleeping in My Car and the Police Gave Me DUI

    My question involves criminal law for the state of: i was on my way to meet friend and i run in to the curbside, my car tire pop out and i couldn't drive the car anymore. so i got upset and walk to the bar that was nearby and call my friend to pick me up couple drinks. then i went to my car to wait for my friend it was cold so i turn my car on for the heat. i fell asleep. next think i know the police knock on my window and i refuse the breathericer and i didn't do the test. i'm not quite sure what to do.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,867

    Default Re: I Was Sleeping in My Car and the Police Gave Me DUI

    Quote Quoting littlebrat
    View Post
    My question involves criminal law for the state of: i was on my way to meet friend and i run in to the curbside, my car tire pop out and i couldn't drive the car anymore. so i got upset and walk to the bar that was nearby and call my friend to pick me up couple drinks. then i went to my car to wait for my friend it was cold so i turn my car on for the heat. i fell asleep. next think i know the police knock on my window and i refuse the breathericer and i didn't do the test. i'm not quite sure what to do.
    What state? Apparently you chose to leave that question blank.

    DUI laws and what constitutes driving vary by state, so it is vital that you mention the state where this occurred.

    Besides the name of the state, it might help to know if the car was parked on the street, in a public parking lot, in a private parking lot open to the public, or in a private lot not open to the public?
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Apr 2012
    Posts
    2

    Default Re: I Was Sleeping in My Car and the Police Gave Me DUI

    I'm sorry about that.i'm in Florida and my car is park on the end street on the side.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,867

    Default Re: I Was Sleeping in My Car and the Police Gave Me DUI

    Quote Quoting littlebrat
    View Post
    I'm sorry about that.i'm in Florida and my car is park on the end street on the side.
    From what I can read, FL requires only that you be in control of the car. If you have the key in the ignition and the engine running, AND you are impaired, you are generally going to be convicted of DUI.

    You need to consult legal counsel ASAP.

    As a note, since you refused the chemical test after you were arrested you will almost certainly lose your license as a result - even if you are not convicted of DUI at a later time.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Dec 2011
    Posts
    203

    Default Re: I Was Sleeping in My Car and the Police Gave Me DUI

    Sorry, if the keys are in the ignition, running or not, and you are impaired, you are guilty of DUI in the State of Florida.

    Refusing the test is an automatic one year license suspension. It might be worth it if it gets you out of a criminal DUI conviction, but usually it doesn't as there is other evidence such as the field tests, assuming they are on video.

    One is not usually impaired after two drinks, so perhaps refusing was a mistake, but too late now.

    In any case, you stepped in it and need a DUI attorney. There are lots of secondary effects of a DUI so you need an attorney to navigate the mine field.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: I Was Sleeping in My Car and the Police Gave Me DUI

    some states only require you to be in your car with the keys to be dui/dwi ... so if you wish to drink and then sleep, hide your keys outside the car.

    1. Sponsored Links
       

Similar Threads

  1. Unlawful Eviction: Landlord Gave Police Key to Enter My Unit for Suspect Who Was Noton Lease
    By LLBAKER in forum Eviction
    Replies: 3
    Last Post: 02-11-2012, 11:26 AM
  2. Search and Seizure: Gave the Police My Drugs Due to Threats - Can I Get the Evidence Thrown Out
    By cbutkus in forum Criminal Procedure
    Replies: 3
    Last Post: 04-26-2011, 08:54 AM
  3. Replies: 2
    Last Post: 02-27-2011, 12:10 PM
  4. Failure to Yield: A Police Car Jumped in Front of Me Causing an Accident and Gave Me a Ticket for It
    By terrydjin in forum Moving Violations and Traffic Tickets
    Replies: 2
    Last Post: 06-25-2009, 10:33 AM
  5. Providing to a Minor: Selling Alcohol to Minors - Police Gave The Wrong Citation Number
    By ranma707 in forum Criminal Charges
    Replies: 1
    Last Post: 07-22-2005, 10:36 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Drunk Driving Defense
Save your license. Consult a drunk driving defense lawyer for free.




Untitled Document