Sleeping in your car and DUI

Under Nevada law, you can be convicted of a DUI for either driving or “being in actual physical control” of a motor vehicle.  This means that you do not need to be driving a car to be convicted of a DUI.  We have had many clients who arrested for DUI when the officer believed they were intoxicated while they slept in their car.
There are many defenses to a DUI when the facts show that the accused was asleep in his car.   It is up to your attorney to convince the prosecutor, judge, or jury that you were not “in actual physical control” of the vehicle.  Some factors to consider are:

  1. Where were you located and in what position in the vehicle?  (i.e. were you upright in the front seat or lying down in the back seat?)
  2. Was the car engine running?
  3. Were you awake or asleep?
  4. Were the car lights on?
  5. Did the arrest occur at nighttime?
  6. Where were the keys?  Were they in the ignition?
  7. Was the accused the registered owner?
  8. Was the vehicle moved?
  9. Was the car on public or private property?
  10. Whether you must have driven to the location where you were apprehended? (i.e. was the car on a stretch of highway vs. was the car found in a nightclub parking lot?)

If you were arrested for DUI when you were found asleep in your car, or if you were simply waiting in your vehicle call us now to discuss your case and defenses!


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