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

[littlebrat]

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.

[cdwjava]

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?

[littlebrat]

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

[cdwjava]

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.

[Conrad Hunter]

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.