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.

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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