Can You Get a DUI Sitting in Your Car?
While you can get charged with a DUI-related offense for sitting, sleeping, or even being outside of your car, this does not mean that you will be convicted of a DUI. Under the Supreme Court, you can still get a DUI even without driving and while the car is not moving or parked. Therefore, if you decide to sleep off your buzz in your car, it will benefit you to call a ride-sharing service or a friend to pick you up instead. Today, we go over how this is possible as well as how to avoid a DUI while parked conviction if arrested.
How Can You Be Charged with a DUI if You Are Not Driving?
You might be wondering how it is possible to get charged with a DUI when you are not driving. When a police officer sees an individual intoxicated in their vehicle and makes the determination that he/she had the intention to drive, this person could get cited for a DUI. These types of charges often happen late in the evening or early in the morning near nightclubs, fast food restaurants, or private residences.
You can even get a DUI for sleeping in your parked vehicle while intoxicated. There needs to be evidence that the vehicle has been moved or operated recently. However, it is also possible you could be arrested for being drunk in public if an officer finds you intoxicated in a parked car.
DUI Not Driving Defenses
There are many defenses that could be used to help dismiss a case. These include but are not limited to the following:
- Nonmoving car DUI probable cause defense
A police officer needs to have sufficient cause to even approach an individual inside a parked car. If the reason the officer approached the individual is found to be unjustified, the charge will be dismissed. You will want to ensure you consult with a lawyer to help you defend your case.
- Improper testing and storage of blood alcohol samples
A trained and licensed phlebotomist must conduct a blood-alcohol analysis. If an untrained laboratory technician conducts this test instead, this could be used as a possible defense. The police are also required to make sure blood samples are properly maintained. If not, the blood samples are not, this evidence could be thrown out.
- Improper interrogation or Miranda violations
When an individual is arrested, the police officer must inform him/her of their rights, known as Miranda rights. If Miranda warnings are not shared, any evidence gathered after the fact could be excluded.