Breaking the Law while Sleeping: How Sleeping in a Vehicle Can Result in DWI Charges

People often associate drunk driving with late night partying and being irresponsible, but what about that percentage that knows they shouldn’t be driving? Sometimes a person will get in the vehicle they drove early that evening and rather than drive, he decides it’s a better option to sleep it off. Whether in the driver’s, passenger or back seat, and because he isn’t driving he feels safe from getting into trouble with the law or endangering himself or others.

On a story posted on Huffington Post, there shows a misconception of the way the law looks at what it means to be a responsible person. Pulling over and sleeping in a car allows and invites (even if you haven’t even driven anywhere) a police officer to investigate what is going on. Officers have the right to determine if a sleeping driver is in need of medical assistance. If the officer determines that the sleeping driver was driving the vehicle earlier while intoxicated by alcohol that can be enough for that person to be arrested, charged and convicted of DUI.

Under the New York Vehicle and Traffic Safety Law, it is unlawful for a driver to operate a motor vehicle while that his or her ability to operate the vehicle is impaired by alcohol or drugs, or he or she is intoxicated. In fact, an Nave DWI Defense Attorneys client was faced with DWI charges after sleeping in his vehicle. In the case of People v. T.B., the client had attended a house party and had left the party with every intention of calling a taxi. The client’s cell phone battery was dead when he returned to his vehicle, so he decided to sleep in it until he could walk home. At some point, the client turned on the vehicle’s heater for warmth. Police officers found the client in his car sleeping with the heater on and charged him with two misdemeanor DWIs, allegedly with a blood alcohol content (BAC) of .12. The client was very concerned with the DWI charges because he has a CDL license and drivers commercial vehicles for a living. Fortunately, Nave DWI Defense Attorneys attorneys were able to convince the Prosecutor that the client had never moved the car after the party, and secured adjournment in contemplation of dismissal. This meant that if the client was not arrested within the next six months, the charges against him would be dropped entirely.

For more on the original story: click here.

Intoxicated individuals who merely sleep in their vehicles are at risk of being arrested and receiving DWI charges. If you have been charged with violating DWI laws, you should immediately seek the assistance of an experienced attorney. An experienced attorney can help you understand the charges against, and can plan a successful defense. Call Nave DWI Defense Attorneys today for a free and confidential consultation at 877-435-7394.

Disclaimer: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.

2015-07-22T18:47:39+00:00