Is it legal for a cop to arrest me for DUI if I was in my car parked and sleeping on a parking lot?

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Is it legal for a cop to arrest me for DUI if I was in my car parked and sleeping on a parking lot?

I got my first DUI 3-4 years ago; I was involved in accident causing property damage. This past weekend I went out and had too much to drink, so rather than risk driving all the way home, I parked in a gas station and slept in my car. A couple hours later a cop knocked on my window and next thing I knew I was being charged with my second DUI. The keys were in the ignition but I wasn’t driving. What are the chances that this doesn’t become bigger than it already has? Anyway that this case could be dropped, since I wasn’t operating the vehicle?

Asked on April 17, 2012 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It was not improper for the police officer to have arrested you with respect to a driving under the influence of alcohol or a controlled substance based upon the fact pattern that you have written about. The reason was that there was circumstantial evidence that you had committed the crime that you have written about.

You had alcohol on your person, were in a vehicle with keys in the ignition. The issue is whether the prosecution will be able to prove the crime beyond a reasonable doubt. I suggest that you consult with a criminal defense attorney about the matter you are writing about.


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