Can I Get a DUI for Sleeping in My Car?

by Aaron Black • November 14, 2011
In Arizona, there are numerous ways you can be convicted of DUI. One way is for being in actual physical control of a vehicle while under the influence of alcohol. The issue of being in actual physical control is for a jury to decide, and they will take into account a number of factors.

Factors a Jury will consider

  • Did the police office find you behind the wheel of a car?
     
  • Were you sleeping?
     
  • Was the engine on?
     
  • Was the vehicle in gear?
     
  • Was the brake on?
     
  • Were your windows up or down?
     
  • Was the radio on?
     
  • Where was the vehicle located?
     
  • How was the weather?
     
  • Were the keys in the ignition?
     
  • Was the public in danger?

It is important to have an experienced DUI lawyer look over your case if you were arrested for DUI while you were sleeping in your vehicle.

Possible DUI Defenses

  • There was no probable cause to arrest
     
  • The driver was not in actual physical control of the vehicle
     
  • There was no reasonable suspicion to stop
     
  • The Police reports were misleading
     
  • The Police denied you the right to counsel
     
  • Your Blood alcohol Content (BAC) below a .08% at the time that you were stopped
     
  • Your Miranda Rights were violated
     
  • Illegal blood draw was performed
     
  • The blood draw was contaminated

If you have been arrested for DUI while you were sleeping in your vehicle, it is imperative that you contact an experienced DUI Defense Attorney. Aaron Black has spent countless hours in the courtroom, argued over 50 trials, and became a highly experienced litigator. Aaron’s trial experience sharpened his litigation skills, giving him invaluable insight into the legal system and making him one of the premier defense attorneys in Phoenix, Arizona.

When your freedom is at risk, contact Phoenix DUI Defense Lawyer Aaron Black or call 480-729-1683 for a free consultation. Aaron offers personal representation for clients in all Arizona justice, municipal, state and federal courts.

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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