DUI in parked vehicle

[Monk1979]

What is the name of your state (only U.S. law)? Tennessee

A friend of mine was arrested for DUI a few days ago while sitting in his parked vehicle. He had left the bar, walked to his vehicle, got in and was in the process of texting me to come pick him up when a cop knocked on his window and asked him to exit the vehicle on the grounds that she thought he was passing out in the car. The keys were not in the ignition but in his lap (he'd been in the car approximately 30-60 seconds). He declined to participate in a field sobriety test or take a breathalyzer, instead simply admitting he was drunk and explained that he had been calling for a ride after which he was arrested. This is technically his second DUI though his last one was in 2010 (in a different county) and was reduced to a reckless driving charge. My question is, what are his chances in fighting this? His biggest concern at this point is losing his license as that would result in the loss of his job as well. He doesn't have much money to hire a lawyer and, if there's not much hope of getting the charges at least reduced, he'd rather not spend the money. Anyone have any advice or gone through a similar situation?

 

[Silverplum]

What is the name of your state (only U.S. law)? Tennessee

A friend of mine was arrested for DUI a few days ago while sitting in his parked vehicle. He had left the bar, walked to his vehicle, got in and was in the process of texting me to come pick him up when a cop knocked on his window and asked him to exit the vehicle on the grounds that she thought he was passing out in the car. The keys were not in the ignition but in his lap (he'd been in the car approximately 30-60 seconds). He declined to participate in a field sobriety test or take a breathalyzer, instead simply admitting he was drunk and explained that he had been calling for a ride after which he was arrested. This is technically his second DUI though his last one was in 2010 (in a different county) and was reduced to a reckless driving charge. My question is, what are his chances in fighting this? His biggest concern at this point is losing his license as that would result in the loss of his job as well. He doesn't have much money to hire a lawyer and, if there's not much hope of getting the charges at least reduced, he'd rather not spend the money. Anyone have any advice or gone through a similar situation?

He can sign up here with his first-person account and ask his questions. Or he can seek legal aid through his county court. Or he can search for other sorts of legal help online.

 

[Monk1979]

He can sign up here with his first-person account and ask his questions. Or he can seek legal aid through his county court. Or he can search for other sorts of legal help online.

He doesn't have regular internet access at the moment which is why I'm asking for him. I'll suggest seeking legal aid through the county court, though. Thanks.

 

[CdwJava]

In TN it appears that even sitting in a parked car will count as being in control of the vehicle such as to fulfill that element required for a DUI.

So, it appears the chances of his being convicted are pretty good.

If he is charged and he cannot afford an attorney, the court should appoint him legal representation. His attorney can help him determine what - if any - options might be available to mitigate some of the damage of a conviction. However, some form of license suspension may be unavoidable as a result.

 

[tranquility]

For the specific issue of being in a parked vehicle (in this case asleep), see:

State v. Lawrence, 849 S.W.2d 761 (Tenn.1993)

But, Tennessee is even worse! (Or, better.) In:

State v. Butler, 108 SW 3d 845 (Tenn.2003)

In this case, the defendant was confronted by Deputy Owen in the parking lot of Wal-Mart approximately one hundred yards away from his motorcycle with the motorcycle sparkplug in his hand. The defendant told Deputy Owen that he had driven to Wal-Mart to get a part for his motorcycle. During questioning by Deputy Owen, the defendant "reeked" of alcohol, had slurred speech, was unsteady on his feet, and had a half-empty bottle of tequila on his person.

Furthermore, the key to the motorcycle was in the ignition. Although the defendant's helmet was in the store indicating that the defendant had been there at least a short time before being confronted by Deputy Owen, taking all of the evidence into account, the jury, as the trier of fact, was not obligated to believe the defendant's assertion that he first began to drink from his bottle of tequila while shopping in the automotive department of the Wal-Mart store. Moreover, it is undisputed that the defendant's motorcycle was not flooded when it arrived in the parking lot. It became flooded sometime thereafter. Given those facts, the jury could have reasonably found that the defendant, in his drunken condition, made numerous attempts to start the engine after he had removed the sparkplug, thus causing the flooded condition. Accordingly, from the evidence presented, the jury could have reasonably found that the defendant had actually driven to Wal-Mart while intoxicated.[3]

But, read the case. By strict reading of the holding, a person under the influence in his home could be considered DUI because he could go to his driveway and (try to) start the car. Even if the car was out of gas.