• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

DWI while sleeping?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mledford1

Junior Member
What is the name of your state? NC
I left a club at about 2 am. At that time I decided that I was close to the limit for driving so I decided to sleep it off as to not take a chance at one getting in trouble two taking a chance at injurying anyone else. I went to my car to sleep it off, it was cold so I turned on the car and the heater. About an hour later an officer awakened me and asked me what I was doing. I stated sleeping. He asked if I had been drinking, I said yes but that I was sleeping and waiting until I was fully able to drive. He stated that because the keys were in the ignition that I was driving. I was then told to take a field BAC test and I blew a .10. I was not given a field sobriety standing test until about an hour later which I passed both tests. It was also found that due to an out of state ticket that my licence was revoked. I was processed and booked under the charge. This is messed up, I made a concious decision not to drive and this is what I get for it. Now I cannot drive, and have to pay an ton of money for a lawyer. Also I am a U.S. Marine with 11 years in, if convicted that is over as well. Any advice?
 


S

seniorjudge

Guest
Under the facts you gave, you were operating a motor vehicle while under the influence of alcohol. I.e., the keys were in the ignition, the car was running, etc.

Whether you have a defense is something I do not know.
 

mledford1

Junior Member
This is BS

NC, here is the Statute for which I was charged.
§ 20-138.1. Impaired driving.
(a)Offense. - A person commits the offense of impaired
driving if he DRIVES any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing
substance; or
(2) After having consumed sufficient alcohol that he
has, at any relevant time after the driving, an
alcohol concentration of 0.08 or more.
This criteria was not met, I was not nor had I been driving.
 
S

seniorjudge

Guest
I suspect the term "drives" includes "operating" under your state laws. Check with a lawyer there.

"to sleep it off": BTW, the term for this is passing out.
 
Welcome to the DUI MADDness. It's not uncommon for someone to be arrested for SLEEPING in the car. Heck, you don't even need to have the keys in the ignition. You did the right thing, you didn't drive. NC law clearly states DRIVING, but unfortunately the DUI MADDness will stretch this as if you did drive. Amazing huh?

I suggest you hire a lawyer that specializes in DUI laws as soon as possible. You're facing charges (even if you didn't commit the crime) that could have serious implications on your livelihood. Good luck.
 
Last edited:
seniorjudge said:
I suspect the term "drives" includes "operating" under your state laws.
Now that's good stretching of the DUI MADDness.

"to sleep it off": BTW, the term for this is passing out.
Oh it's a good thing you cleared that up! :rolleyes: Who cares what he was doing as long as he wasn't driving drunk. Isn't that the ultimate goal?
 
S

somedude

Guest
I am NOT saying you're lying, but, keep in mind that the officer doesn't know that you truly didn't drive the car to where s/he found you at that time. Plus, the fact that you had an out-of-state ticket probably added to it (depending on what it was for).
Maybe if you didn't have the ticket, the officer might have let you go. I dunno. But you do need a good DUI attorney. You also have to take care of that OOS (out of state) ticket as well.
 

TX Shakespeare

Junior Member
Hillbillies

Even an inbred hillbilly NC cop shoud have tossed the keys in the backseat and locked the doors for our sleeper, and go for donuts.

In Texas you can drive drunk all over ranch...
 

nextwife

Senior Member
somedude said:
the officer doesn't know that you truly didn't drive the car to where s/he found you at that time.

But lets say, theoretically, that there is 5 inches of fresh snow around and on the car and windows that accumulated while he was in the club? And there is no way he drove there in the last three hours? Then we WOULD know he didn't drive there recently.
 
The Reality Of DUI LAW

Sorry to hear about your "flimsy" charge.

As I've stated in another post. DUI law is rigged to guarantee that you'll get charged if you're anywhere near a vehicle after drinking. The police are free to massage and interpret the law anyway they please if it will get a DUI charge. A black and white interpretation of DUI law only applies to the citizen.

This is the buisiness of DUI.

Unfortunately, you were in a rare situation where it may have paid you to refuse the breathalyzer. But that's water over the bridge.

You can hire an attorney and try to fight it, but you'll be in for a big suprize. Most attorneys will not fight DUI cases. They'll only negotiate your sentencing. That's because DUI attorneys represent the State not their clients. It's all part of the "system".
 
seniorjudge said:
Under the facts you gave, you were operating a motor vehicle while under the influence of alcohol. I.e., the keys were in the ignition, the car was running, etc.

Whether you have a defense is something I do not know.
Not sure I agree with that. Just because the keys are in the ignition and is running, doesn't mean the person is "operating" it.

There was a case in Indiana with exactly the same facts - person sleeping in a car with the car running but parked. The appellate court found the state had not established he was operating a motor vehicle.

This is one of those gray areas though that would depend on the state you live in and what the judge had for lunch.
 
S

seniorjudge

Guest
Rhubarb297, you are correct. What I said was correct, but (as always) courts can go either way on this...depends on the facts.
 

rachelsfx

Member
Well

mledford1 said:
What is the name of your state? NC
I left a club at about 2 am. At that time I decided that I was close to the limit for driving so I decided to sleep it off as to not take a chance at one getting in trouble two taking a chance at injurying anyone else. I went to my car to sleep it off, it was cold so I turned on the car and the heater. About an hour later an officer awakened me and asked me what I was doing. I stated sleeping. He asked if I had been drinking, I said yes but that I was sleeping and waiting until I was fully able to drive. He stated that because the keys were in the ignition that I was driving. I was then told to take a field BAC test and I blew a .10. I was not given a field sobriety standing test until about an hour later which I passed both tests. It was also found that due to an out of state ticket that my licence was revoked. I was processed and booked under the charge. This is messed up, I made a concious decision not to drive and this is what I get for it. Now I cannot drive, and have to pay an ton of money for a lawyer. Also I am a U.S. Marine with 11 years in, if convicted that is over as well. Any advice?
In Florida, if you through the keys out of the car and not be located on a piece of property, the police couldn't really do anything. I would get a good attorney. I think you did the right thing and hopefully the judge will think so too.
 

mledford1

Junior Member
Heads Up

Just to inform anyone who gives a ...... about this. I was found not guilty. Luckily the Judge went my way. Thank you guys for all of your information. :D
Michael
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top