Can I get a drunk driving charge if I was sleeping in my car with the keys in the ignition?

So I fell asleep in my car after becoming intoxicated. I just parked somewhere and was not driving, but my keys were in the ignition. I ended up getting a ticket for drunk driving when the police came into the parking lot. What’s the next step in taking care of this matter? I was not driving when this occurred.

Share |

Answered By: Jacob P. Sartz IV., Attorney at Law

I'd recommend you retain a lawyer and plead not guilty. You are presumed innocent until proven guilty. The prosecutor must prove any allegations beyond a reasonable doubt. You have a right to council. OUI's carry significant license sanctions that go beyond just jail time and probation. Ultimately, whether the prosecutor would have the proofs at trial is a matter for a judge or jury. While a majority of cases end up being resolved through the plea-bargaining process, Never plead guilty to anything unless you fully understand all the risks. Most attorneys provide free initial consultations. It is certainly worth a few phone calls. I would advise you to retain a lawyer or request that the court appoint you a lawyer at the public's expense.

Answer Applies to: Michigan
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Keyser Law Firm

The police arrested you, and you were subsequently charged with DWI because you were arguably in "physical control" of the vehicle. You do not need to be operating a motor vehicle to be charged with DWI. The engine can be stopped and no keys can be in the ignition but if you have the ability to waken and then start the engine, the State will argue that you had physical control of the vehicle and thus move forward with criminal charges.

Answer Applies to: Minnesota
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Reeves Law Firm, P.C.

Hire a lawyer. Driving is not the operative word, it is "operation of a motor vehicle" and that is very fact specific. You need to discuss all the details with an experienced DWI lawyer now, do not wait.

Answer Applies to: Texas
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.