Can I Get a DUI in a Parked Car?

Posted By Tomeo Sills, LLC || 29-Dec-2017

You’ve had too much to drink and your phone’s dead. You drove to the bar, but there’s no way you can drive home and all of your friends have left. You decide to get in your car and sleep it off. Suddenly, you wake up to the sound of knocking on your window, accompanied by a flash of red and blue lights. It’s the police and they want to talk to you.

Should you be afraid of getting a DUI in a parked car?

DUI in a Parked Car

A police officer may charge a person with a DUI if they have reasonable suspicion a person was driving or was about to drive, even if they were just sitting or sleeping in a parked car. Typically, courts will look at many circumstances when determining whether or not a person was about to drive a vehicle, and they may ask questions like:

  • Was the car on?
  • Was the car warm?
  • Were the keys in the ignition?
  • Were the vehicle’s lights on?
  • Was the car in gear?
  • Was the parking brake released?
  • Was the person sitting in the driver’s seat?

If the answer to most of these questions is “yes,” it may be reasonable grounds for charging a person with a DUI.

How to Avoid a DUI in a Parked Car

If you do somehow find yourself in a situation where you’re drunk and want to sleep in your parked car, follow these tips to help you avoid a DUI:

  • Make sure the car is off and the keys are not in the ignition
  • Find a parking lot where parking is permissible
  • Sleep or sit in the backseat
  • Do not admit to any intent of driving to police

These tips are not guaranteed to get you out of a DUI, but they will definitely help.

Talk to Our DUI Attorneys Today

Were you arrested for a DUI even though you were sitting or sleeping in a parked car? Our skilled Connecticut DUI attorneys at Tomeo Sills, LLC can help evaluate the evidence against you, determine whether the field sobriety tests were administered correctly and if the police followed protocol. We will do everything possible to secure a favorable outcome.

Call us at (844) 913-7747 or fill out our online form to talk to a lawyer.

Categories: DUI
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