Can You Get Arrested for a DUI if You’re Sleeping in Your Car?

JERSEY CITY and NEWARK, New Jersey. Most people don’t realize that they can be arrested for a DUI even when they are not driving their vehicle. Imagine this scenario: you’ve had one too many drinks and know it. You don’t have a ride home, so rather than drinking and driving, you sit in your car listening to the radio, waiting to sober up. If a police officer passes by and suspects that you have been drinking and that you might be getting ready to drive, you could potentially get arrested for a DUI.

According to the Huffington Post, if you are sitting in the driver’s seat, and if you have the keys to the car on you, the officer could claim that you were in a position to take control of the vehicle and drive while under the influence. Even sleeping in the back seat of your car could be cause for an officer to believe that you might wake up and drive while under the influence. This can lead to a DUI charge. The only way to fight it is to prove in court that you had no intention to drive while drunk. To do this, you may need to hire a Jersey City, or Newark, DUI lawyer like the Law Office of Eric M. Mark. A qualified lawyer can fight for your case and present evidence to help you get the best possible outcome permitted under the law.

So, what can you do if you’ve been drinking. The best thing to do is to find an alternative way to get home. Don’t get in your car at all. Have a friend drive you home, or call an Uber or a Lyft. Or, ask to stay at a friend’s house nearby. Plan your night ahead, so that the question of drinking and driving doesn’t even come up. Drinking and driving is dangerous, and thousands of people die every year due to the actions of drunk drivers. To prevent endangering yourself and others, leave your car behind if you plan to drink. Or, if you aren’t sure about whether you can trust yourself, give your keys to a trusted friend or loved one.

What if your friend is the person who is drunk and wants to drive? According to the National Safety Commission, there are certain ways that you can approach the situation to get your friend to give up the keys. When asking for the friend’s keys, be calm, and light. If you need to joke, joke, and present the offer as a favor to drive them where they need to go. Another way to prevent a friend or loved one from drinking and driving is to refuse to travel with them if they insist on driving. While you might not want to do it, if persuasion doesn’t work, you may have to call the police. A DUI charge will always be a better outcome than the manslaughter charge your friend or loved one could face if they hurt or kill someone due to drunk driving.

The hope is that you never find yourself in the above situation, but if you do find yourself facing drunk driving charges, the Law Office of Eric M. Mark are DUI lawyers in Jersey City and Newark who may be able to help you get your charges dropped or reduced. Contact us now for more information.

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Newark, NJ 07102
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JERSEY CITY OFFICE
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Jersey City, NJ 07302
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