Sleeping in Car

I was charged with a DUI recently for sleeping in my truck. The truck is a single cab truck with a bench seat. My truck keys were in my pocket. The truck was off. No lights were on. I even had my boots off and was using my sweatshirt as a pillow as I laid across the bench seat.

Asked on June 18, 2009 under Criminal Law, Wyoming

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states, what you were doing is not DWI becasue you were not technically "operating" the vehicle.  Operating the vehicle is a required element to prove a DWI.  If you were sleeping in the back seat and the officer did not see you driving and there was no evidence that you were just operating the car, then you should be able to get this dropped.  i would make sure your lawyer has all the facts here and i am sure he will take care of you.


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