I got a DUI while trying to sleep one off in my car.

shdjksahdkj wrote:

I know someone who got a DUI under similar circumstances.

He was drunk and it was cold out so he called a taxi and then sat in his passenger seat and started the car for the heater. Despite the fact that the taxi showed up, the cops arrested him anyway.

Depending on the jurisdiction, this situation would be a good case to get dismissed by the DAs office. Under the circumstances as described, the drunkard is practicing good habits... if he can establish that he contacted and was waiting on a taxi, and was sitting in the passenger seat when the cop showed up. Totally different story if the cop witnessed the drunkard move his vehicle, etc. prior to changing seats. Again, it's totes based on how the law is written in that jurisdiction, but I absolutely do not many cops making the charges if that's really how the situation was presented. I'm sure there's more to the story that that person let on.

Portland Hobby Jogger wrote:

Engine running = operating a vehicle while under the influence. Doesn't matter whether the vehicle was in motion or not.

I get this is the language of the law but the cop needs to show some judgement if the guy wasn't driving. Now I know sometime drunk drivers will just camp out a for a while and then drive when they think they are sober enough or the coast is clear. I don't know how things appeared to the cop but it seems like there may have been a route besides arresting the guy for DUI.

I think Drunk Driving is a huge problem. But I don't like the idea of punishing some who is sleeping it off for not knowing the nuances of the law while trying to turn on the AC.

I would have more sympathy for him if he didn't start the car. In most states just sitting in the drivers seat with the keys is enough to get a dui if you are over the limit. If you do try to sleep it off in the car sit in the passenger seat or back seat. Also, get a lawyer for sure, the expense is worth it in the long term. They can usually get you license back right away too if it was suspended.

+1. Keys out of the ignition is day 1 stuff. Come on baby.

That's funny, my dad told the same lie when he got his DUI.

Poor Judgment wrote:

A lot of drunks will attempt to sleep it off but end up driving anyway. You were sitting in driver's seat with the engine on - what was the cop supposed to think? Why didn't you sleep it off in the back seat with no engine running? (you could have rolled some windows down instead of using the AC). Better judgement and you would have avoided this mess. ?

Get an electric car. Most have a "camping mode".

Then you can leave the AC on all night and sleep in the back seat. It doesn't use much battery.

Could have been worse

yea, unfortunately, you cannot be in the drivers seat.. or in any sort of position to operate the vehicle.

Seems like you meant well! hopefully it works out.

I am a criminal defense lawyer in CT. I'm not sure what state you're in, but in CT you'd be guilty of DUI. In fact, in CT, if you are in the driver's seat and key is in the ignition, you are operating the vehicle for DUI purposes even if the vehicle is not turned on! I think most states have similar laws. Crazy, but it's true. Next time, sleep in the back seat and roll down the window instead.

Crowd sourcing opinions are not going to help you.

Drinking is legal except for those told not to drink by their doctor, those on probation and those under age. Drinking at a PUB is legal.

Half of the opinions on here are telling you you can legally be drunk in the back seat or legally drunk in passenger seat.

It is dangerous to sleep in a car.

Michael Jordan's father was sleeping it off in a car. Michael Jordan's father is the most well known person murdered in his car. He was not the only one murdered.

If you are going to get too drunk to drive, do not go near your car.

All these posters telling you you can legally sleep drunk in the back seat may be right, but you that action may still get you arrested for a charge other than drunk driving like vagrancy.

Do not drink then sleep in a car.

hate cops wrote:

a cop smashed on my window and ended up arresting me.

What if he just ignored the cop and went back to sleep?

Or yelled through the window, I'm just resting for awhile before driving home! And then went back to sleep?

The cop can't force him to roll down the window or open the door, can he?

Another question ... wrote:

The cop can't force him to roll down the window or open the door, can he?

Hehehe. Ignore the officer's commands and see what happens.

The cop was a total power tripping dick. I guess he should have given you a free pass cause you were in the drivers seat, your keys were in the ignition, your car was started, and "Officer, I was only running the AC, cause I wanted to sleep off my drunkenness". OMG, put yourself in the cops situation. How many drunk idiots get behind the wheel, and kill someone. You had access and your car was on. Your lack of concern and ownership of your decision is startling. Mr. Judge in Court, please throw the effing book at your dumb ass. BTW, I have lost 3 friends to drunk idiots. Y ou have no fucking sympathy from me. You deserve everything you get!!!

The arresting officer had a job to do and you met the criteria for DUI - care and control of a car. They have no choice in the matter but to lay a charge. Sounds like you may have some good defense points though. Good luck.

hate cops wrote:

I drove to meet some friends for drinks.

That was major mistake #1.

My plan was only to have a couple

Drinking anything at all was mistake #2.

that's why I drove instead of grabbing a lyft.

Mistake #3.

I ended up having more than a couple.

Mistake #4.

When the night was over I walked back to my car.

Mistake #5.

I didn't want to leave it and have to come back and get it the next day

Lazy. Mistake #6.

so I just got in and passed out.

Mistake #7.

A couple times during the night I started it up to put on the AC.

Mistake #8.

The last time I did that a cop smashed on my window and ended up arresting me.

Eight strikes and you're out!

That you were originally planning to drive after "only having a couple" shows how clueless you are.

Do NOT drink and drive!

Why on the driver's side when more leg room on the passenger's? No pedals, brakes, etc.

You should have asked, "am I being detained?" And then he would have let you go. Know you're rights as an American!

My two cents. You are not getting off the judge is going to hammer you. Too many people lose there lives because some jerk gets behind the wheel. My story in 2017 I was at a poker lounge got behind the wheel on a icy Midwest night. I hit ice and rear ended the people in front of me I blew my face out woke up in a holding cell. I almost lost everything and could have killed someone. I still have nightmares about it. The punishment I almost lost my career because I have a clearance, fines I paid for everything $40,000+. At my sentencing I was given a month of county jail and house arrest,a year of reporting probation urine tests 5 times a month. Any violation would have resulted in a year in jail and a felony. I followed probation to a tee and was let off early. All was reinstated and I kept my career. I will never do it again. I know a guy who is getting sentenced on Tuesday for a DUI involving death he is going to loose everything a career that he makess over $100k a year at and he may not get to see his kids grow up as he was already found guilty he. Could be facing as much as 15 years for a .09 or something he took a mom's life same scenario he hit ice. IT IS NOT WORTH IT AND IT IS NOT A LITTLE BS CRIME DUI'S ARE SERIOUS OFFENCES. I deserved every penny and stress that went with it and I thank God everyday that my moronic self was the only one who got hurt that night.