The Unexpected DUI Charge: Why You May Need a Key West DUI Defense Lawyer if You Were Sleeping in Your Car
You thought you were doing the responsible thing. You weren’t driving. Instead, you pulled over to a safe place and fell asleep. You were resting until you heard a sharp knock on your window, and a police officer started asking you questions that resulted in a drunk driving arrest.
You can be charged with drunk driving in Key West even if you are sleeping in your parked car. Therefore, you need to take the charges seriously and contact an experienced Key West DUI defense lawyer as soon as possible.
How Sleeping in Your Car Can Lead to a DUI Arrest
Florida law defines driving under the influence as being in "actual physical control" of a vehicle while impaired by alcohol or drugs. This means you don't have to be actively driving to face drunk driving charges.
The concept of "actual physical control" is broad and can include situations where you're in the driver's seat with access to the keys, even if the engine is off.
If an officer finds you sleeping in your car and suspects you're under the influence, they may arrest you for DUI.
What the State Must Prove in a Key West DUI Case
For the prosecution to secure a conviction in a Key West DUI case where you were sleeping in your car, they must prove the following elements beyond a reasonable doubt:
- You were in actual physical control of the vehicle.
- Your blood alcohol content (BAC) was 0.08% or higher, or you were under the influence of alcohol or drugs to the extent that your normal faculties were impaired
The prosecution may use various forms of evidence to support their case, including:
- The officer's observations of your appearance and behavior
- Results of field sobriety tests (if conducted)
- Breathalyzer or blood test results
- The location of the keys in relation to you
- Whether the engine was running or warm
- Where you were sitting in the car
- Witness testimony
Possible Defenses for a DUI Charge While Sleeping in Your Car
A Key West DUI defense lawyer can help you build a strong defense strategy based on the specific circumstances of your case. Some potential defenses include:
- Lack of actual physical control. Your attorney may argue that you were not in actual physical control of the vehicle. For example, if you were sleeping in the back seat with the keys out of reach, this could support your case.
- Intention to use alternative transportation. If you can demonstrate that you had plans to use a ride-sharing service or had a designated driver arranged, this may help your defense.
- Challenging the initial stop. Your lawyer may question whether the officer had probable cause to approach your vehicle and investigate in the first place.
- Disputing impairment evidence. Your attorney can challenge the accuracy of field sobriety tests, breathalyzer results, or blood tests used to establish your level of impairment.
Even if you weren't actively driving, a DUI charge in Key West can have severe consequences, such as:
- Fines and court costs
- Potential jail time
- Driver's license suspension
- Mandatory DUI education programs
- Increased insurance rates
- A criminal record that can affect employment and housing opportunities
Accordingly, it’s essential to protect your rights with the help of an experienced lawyer like Robert Malove.
How a Key West DUI Defense Lawyer Can Help Protect Your Rights
You tried to act responsibly and avoid driving while intoxicated. You need a lawyer who will help you protect your rights by evaluating your case, analyzing evidence, negotiating with prosecutors, avoiding mistakes, and representing you in court.
For example, we represented a woman who had been drinking while out with her friends. She didn’t feel well on her way home and decided to pull over. She parked her car and went to sleep. She was woken up by a police officer and charged with drunk driving. The case went to trial. The prosecution argued that while our client was not technically driving, she was in actual physical control of a motor vehicle while under the influence of alcohol to the extent that her normal faculties were impaired. We argued that our client used good judgment by parking her car. Our client was found not guilty of drunk driving.
If you've been charged with DUI after being found sleeping in your car in Key West, it's crucial to act quickly to protect your rights and future.