Answer:
The answer is not clear in black and white. It’s usually factually determinative. What I mean by that is, say you come out of a restaurant or bar, and you get in your car, and you realize you’ve had too much to drink, and you simply start it for warmth in the winter, or you fall asleep.
A question that I often receive from individuals is, “Can I get a DUI if my vehicle is parked and I am asleep or sitting in a parking lot?” The answer is not clear in black and white.
It’s usually factually determinative. What I mean by that is, say you come out of a restaurant or bar, and you get in your car, and you realize you’ve had too much to drink, and you simply start it for warmth in the winter, or you fall asleep.
But you never move the vehicle. Now, in that context, you still probably are going to get arrested, but it’s going to be very hard to prosecute you for DUI successfully if you have someone with 27 years of experience and having handled over 3,500 driving under the influence cases.
The short answer is it can be a good issue, but it’s not always a slam dunk issue. Give us a call if you need help.
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