Aggressive Defense Against DUI And Traffic Charges

Can you get a DUI for sleeping in your car while intoxicated?

On Behalf of | Mar 3, 2023 | DUI |

Driving while under the influence of drugs or alcohol is a serious criminal offense. If convicted of this type of crime, you could face penalties that may include loss of your driving privileges, time behind bars, expensive fines and more. Whether it is your first offense or you have previous DUIs on your criminal record, it is beneficial to understand what you are up against and how you can protect your future interests.

It may surprise you to learn that you could receive a DUI even if you were not actually operating a vehicle at the time of your arrest. If you were under the influence of an intoxicating substance and you fell asleep in your vehicle, you could also face serious legal penalties, arrest and more. If you thought you were doing the right thing by not driving, you could still face significant consequences.

When pulling over is not the best option

It is always prudent to avoid drinking and driving. If you get behind the wheel of your vehicle and then decide that you are not able to safely drive, you may then determine that you should pull over. However, if you remain in the driver’s seat, you could still be breaking the law. If you decide to remain in your vehicle and sleep it off until you can make it home without endangering yourself or others, it is best to move to the backseat. It is illegal to be behind the wheel while intoxicated, even if you were not driving.

Police may consider several factors when determining whether you were driving drunk or could decide to drive if they find you sleeping in your vehicle while intoxicated. This includes the position of your vehicle, the location of your keys, where in the vehicle you are sleeping and the current operability of your vehicle.

Fighting these charges

You have the right to fight a DUI charge, regardless of the details of the individual situation. You may benefit from speaking with a professional who can explain Hawaii drunk driving laws and provide you with insight regarding how you can defend your future interests. Before you plead guilty or make an important decision about your case, get the insight you need to make the best possible choices for yourself.