Can I Get a DUI While Parked?
An individual can receive a DUI while their automobile is parked. For instance, suppose that you've had too much to drink and have decided to sit in the driver's seat in your car and sleep it off. However, a police officer knocks on your window and requests that you perform a field sobriety test. The police officer could issue a DUI if a person fails the test. The main issue is whether a court could reasonably determine that an individual was about to operate their vehicle. What Does "Reasonably Determine a Person would Operate a Vehicle" Mean?Courts will look to determine whether it was reasonable in light of the circumstances that a person was about to operate a vehicle. Therefore, suppose the vehicles lights were on, the parking brake released, etc. These are indicators that an individual was about to operate their vehicle and would be reasonable grounds for charging a person with a DUI. How Can I Prevent a Police Officer from Issuing a DUI?Individuals that consume large amounts of alcohol can take reasonable steps to prevent a DUI from ever being issued. These steps include: - Find a designated driver: The best way to never get into a situation regarding a DUI is to have a designated driver
- Don't sleep in your car: An intoxicated person can avoid being put into a situation described by not being present in an automobile while intoxicated
- Sleep in the backseat
- Make sure the ignition, lights, etc. are turned off
Should I Consult an Attorney?
An experienced criminal defense attorney can be extremely helpful in DUI cases. These defense attorneys can help to evaluate the evidence against a suspect and determine whether the field sobriety tests were administered correctly. In addition, experienced criminal defense attorneys might be able to reduce any penalties imposed on first time offenders. |
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