In general, you can fight a “DUI not driving” charge to get dismissed or dropped, and you should consult a lawyer to help you. After a free arrest review, a DUI attorney can then review the evidence the prosecutor intends to use against you and build a defense strategy to throw out the charges.
Here are some of the most effective defenses to get a DUI charge dismissed if not driving:
- Lack of evidence: A DUI attorney can highlight the lack of evidence to a jury.
- No driving time: A DUI can’t be given if there isn’t time to drive.
- Unjustified approach: A police officer needs to have sufficient cause to approach someone inside a parked car. If the officer’s approach is found to be unjustified, the charge will be dismissed.
- Prove you weren’t in the driver’s seat: You can prove that you weren’t in the driver’s seat and didn’t have direct access to operate the vehicle.
- Use the lack of keys factor: If you didn’t have the keys, that can be used to your advantage.
- Identify legal flaws: You can beat a drunk driving charge in a nonmoving vehicle by identifying legal flaws or doubts about the evidence against you.
Other winning defenses for how to fight a DUI while not moving charge include police report errors, medical conditions, and inaccurate breathalyzer blood alcohol content tests.
Beat a Parked DUI Charge: Your Guide to Dismissal and Reduced Penalties
So you found yourself in the unfortunate situation of a “parked DUI” arrest. You’re parked, keys out of the ignition, maybe even asleep, and suddenly you’re facing a DUI charge. Don’t panic! Especially when you get a DUI when your weren’t driving, dismissal or reduced penalties are absolutely achievable, and a skilled DUI lawyer can be your key to navigating the local legal maze.
Here’s what you need to know to increase the odds of having DUI while not driving charges dismissed:
1. You’re Not Alone: Parked DUI arrests are surprisingly common. People often make the responsible choice to sleep it off in their car, unaware that they can still be charged.
However, you need to act fast and contact a lawyer immediately – since time is of the essence. An experienced lawyer can preserve evidence, challenge police procedures, and negotiate with the prosecutor before things get set in stone. Don’t try to navigate the legal system alone – a qualified professional can make all the difference.
Case Example: James, a client our attorneys represented, was arrested for sleeping in his parked car with the engine off. The officer claimed James smelled of alcohol and had bloodshot eyes. However, James had a medical condition causing the eye issue, and we provided medical records as proof. The prosecutor, facing a weak case, agreed to dismiss the DUI charge in exchange for attending an alcohol education program.
2. The Law is Complex: Each state has its own DUI laws, and the definition of “physical control” of a vehicle can vary. This is where a local DUI lawyer becomes invaluable. They understand the nuances of your state’s laws and can build a strong defense tailored to your specific case.
3. Key Defense Strategies:
- Challenge “Physical Control”: If you weren’t in the driver’s seat, keys weren’t readily accessible, and the engine was off, your lawyer can argue you weren’t in physical control of the vehicle.
- Question Officer’s Probable Cause: Was the officer’s initial approach justified? Did they have reason to suspect you were driving under the influence? A skilled lawyer can dissect the officer’s actions and potentially get the charges dismissed before they even go to trial.
- Field Sobriety Tests (FSTs): These are voluntary and often unreliable. Refusing them won’t hurt your case, and your lawyer can challenge the validity of any administered tests.
- Blood Alcohol Content (BAC): If your BAC was below the legal limit, your lawyer can argue that you weren’t impaired enough to operate a vehicle.
4. Gather evidence that supports your innocence.
Witness statements, receipts from bars or restaurants (establishing you weren’t driving), or even dashcam footage can be valuable in building your defense.
Case Example: Patrick, a truck driver, was found asleep in his parked truck at a rest stop. The engine was off, keys were in his bag, and he had a BAC of 0.05 (below the legal limit). The officer, however, smelled alcohol and arrested him for DUI. Patrick’s lawyer challenged the officer’s probable cause and argued that Patrick wasn’t in physical control of the vehicle, which the dashcam recording evidence further verified. The judge agreed, and the charges were dismissed.
5. Don’t underestimate the power of a skilled and affordable local DUI lawyer.
While cost may be a concern, remember, a good DUI lawyer can save you thousands in fines, license suspension, and even jail time. Many top local lawyers offer cheap payment plans or reduced rates for certain cases. Don’t let financial worries deter you from seeking the best possible defense.
Case Example: Melissa, a single mother, was facing a hefty fine and potential license suspension after being arrested for a parked DUI after a night out with some friends from work. We were able to negotiate a reduced charge with no license suspension and community service instead of jail time. Melissa was able to keep her job and care for her children without facing the devastating consequences of a DUI conviction.
Remember: Getting a DUI while parked or asleep in your car is not a hopeless situation. With the right legal guidance and a proactive approach, you can significantly improve your chances of a favorable outcome. Don’t hesitate to reach out to a top DUI lawyer in your area – your future and freedom may depend on it.
In Conclusion: You can get a DUI, DWI while sleeping in a parked car, and sometimes even on private property. It is pivotal to know how to legally sleep in your car drunk if you choose to do so.
The best way to avoid this type of unmoving DUI charge in the future, is choosing to sleep in the back seat with the keys out of the ignition and outside of the vehicle. This prevents an officer from assuming a person has intentions to drive, and still within reasonable control of easily operating the vehicle while under the influence of alcohol or Marijuana.
Identifying the best case-specific DUI not driving defense remedy that works to get charges dropped or dismissed, is often based on legal no probable cause factors with the arrest.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.
The DUI charge happened after I had seen an ex coworker at gas station. I parked behind him at the gas pumps and asked if he had a spare cigarette. I had a really bad day/night before, and all sudden a police car was behind me and the officer came to car. The officer was saying I was going 90 mph down the road and someone else had called me in.
The cop had me get out of my car to do sobriety test. I said just breathalyze me I’m not drunk. The officer said u look like you don’t want to do this. I said I don’t because not even you guys can pass these sobriety tests. I’m not even drunk, give me a breathalyzer. I’ve already had a terrible day yesterday with bad breakup and death of my best friend a month ago.
The police officer said you need to come take a blood test. I said I’ve ask u 3 times to breath test me, but it’s not like you are giving me a choice and have nothing to hide. Then the cop cuffed me and didn’t even read me my rights. Next, he took me to hospital to get a blood draw done and let me go. They didn’t tow my car, but gave me a ticket for reckless driving, DUI.
I later found out the gas station called the cops on me, and then come to find out my ex coworker I saw at the gas station is a drug dealer and homeless. At the time, clearly the gas station attendant didn’t see me driving 90 mph going into their business parking lot. I still don’t even know what my BAC level was, and never been arrested for DUI. I’m hoping to fight this charge to get dropped or dismissed.
Amber you need to bring this up to your lawyer right away. If the police have a witness then you have the right to challenge the testimony in court. This is basically your word against the witness’s word for the reckless driving charge. If the witness won’t show up to court then it should get dismissed.
Arrested for DUI parked at KFC no probable cause. The case has been going on for two years and I beat the DMV hearing and never had my driver’s license revoked.
I had hired a lawyer who will give back the money I paid into having him represent me, but he did absolutely nothing to help me and I paid him almost $2000 in attorney fees already. Last month I let him go because he admitted within the last year in a half he didn’t even look at my case until the night before this last court date.
I appreciate the help in quickly getting me a much better DUI lawyer close to me who is immediately investigating my case. Things are already looking much more hopeful and I’m optimistic with finally getting this wrongful DUI case with no proof cleared soon.
Unfortunately many DUI lawyers will take money upfront and not bother doing any real work for you. That is why we connect you with experienced DUI lawyers who have a record of doing actual investigative work by looking for errors and a no probable cause DUI defense.
My friend and I were intoxicated while we went out to get drinks at a restaurant and we both decided to get an Uber. I went to her car because I was super hot and wanted to sit in the AC so I turned the truck ( still in park ) but fell asleep in the drivers seat. I woke up to a cop at my window.
I wasn’t intending on driving especially cause it wasn’t my truck. Still got a dui and wondering what my next steps are and if I can even get out of this situation
Yes you can possibly get this dismissed. Technically you are in control of the vehicle with the keys in the ignition but a local DUI defense lawyer needs to prove you were never driving.
I have slept in my car many, many times when intoxicated and have had the cops tap on my window several times and have NEVER gotten a ticket. My secret: I sleep in the back seat. It’s difficult to say someone is operating a vehicle or intending to drive when they are laid out in the back seat.
Yes this is a much better way instead of the front seat. Also, it is important to NEVER say you were driving at any point.
Sleeping drunk in a parked car is not a crime as long as its in a parked spot. No victim = no crime. I was arrested 2x for this and both times the prosecutor declined to prosecute this. I didn’t want to drive because I knew i was not able to. I am responsible and I don’t want to hurt anyone or myself.
It is just the police arresting someone for no reason. Judges throw out DUI cases like this if it gets that far. Prosecutors normally decline to move forward (DNP) with this.
This is not always the case but you are fortunate they have never moved forward with prosecuting. If anyone is in this situation you CANNOT say you were previously driving. Once you admit to driving it gives the police a stronger case.
Can I request a retrial for a DUII from 4 years ago? Now knowing that my rights were violated.
I was charged with dui some years ago for sleeping in my car that was undrivable, the right tie rod was busted clean off. I was at a friend’s house inquiring about my friend stealing my stepsons go-cart, when I pulled in his driveway it was night and I drove my right front wheel into a hole that totally busted the right tie rod rendering the car undrivable.
My friend stated he did not steal the go-cart that was left there the night before, without permission. However I did not want to leave my car there after accusing him of stealing from my stepson. So my friend Keith, who was with me and I just sat out front in the car we shared a six pack of beer and I fell asleep in the car to protect my car from possible vandalism retaliation, when the law was called.
I had been asleep in my car for a couple of hour and the police could not wake me, so they opened fire with mace to awaken me. Now my witness Keith died this morning from cancer, and they never sent me a court date for the DUI charge.
I thought the charges must have been dropped because the arresting officer was killed in the line of duty. So much bad circumstances. Now I’m facing a driving while license revoked for DUI 3rd offense. Can a lawyer help me with wrongfully being charged with DUI while I was asleep in my car and not driving at all?
The police officer had no reason to pull me over and lied in his report, stating reason for pulling me was expired registration. The reason for the stop the officer gave was false, since he was parked hiding in the dark pulling over everyone who came by. I know this because I was sitting in the parking lot of the local bar watching him along with a lot of other people and witnesses.
I was unaware I even had a prior second DUI conviction, because I never got a court date 10 yrs ago.
Got out of the car at my boyfriends house and lights came on after we started walking towards the house. I turned around to see what the issue was and asked me if everything was ok and I said yes of course what’s the matter. They asked me why I corrected my parking it looked suspicious. I told them I didn’t want to look like an a hole towards my boyfriends dad. They took me in for a DUI breath test.
My fiance was asleep in my driver’s seat, keys in lap. Parked in a parking spot. Cops knocked on the window till he woke up and they told him my car was reported stolen, which it wasnt. He refused to cooperate and asked why he was being arrested. They’re charging him with a DUI. It was literally Jan 1st 2021. Is there any way he can fight it?
Yes he can. Number one, he obviously was not driving or operating the vehicle regardless of the fact that he could be considered in control of it simply because the keys were in his lap regardless of what seat he was sitting in. The option of driving the car was still up to him although he obviously chose not to and it was not witnessed that he was driving the vehicle.
If a police officer or anyone else had witnessed him driving, they are not a professional who could say that he was inebriated because they did not see him drinking. Therefore he also does not have to take a breathalyzer test as they are fallible and can be altered. It would be in his best interest to have requested a blood test and you don’t have to do the monkey dance. Just saying
I got lost and stopped my car right on the edge of a ditch, it was stuck. A neighbor called police, I waited behind my car for the police, so they didnt see me driving or even in my car, but i did have a high BAC. Can it be reduced due to not being caught driving? Or at least avoid aggravated dui?
I was walking home with the car parked on the side of the hwy. Keys in my pocket walking when the cops pulled up. I got into an argument with my girlfriend in the car. We pulled over and we walked opposite directions. I was arrested for a owi in upper mi.
My first DUI offense. My ex boyfriend reported me drinking and driving because I wouldn’t let him come to my house. I just got my police report, in reviewing the report there are all kinds of incorrect statements made by the police officer without him even seeing me drive and my car was parked. How in the world would I be able to prove the police officer is not being truthful? Just awful!!
Ask to see body cam footage or footage from patrol car. Any stop made has a recording made. If they do not have that then they are in violation of their own protocol for detention of individual. They have protocols and rules for stopping and or detaining individuals. If he did not follow his department’s procedures then the DUI has to be dismissed.
I was pushing my motorcycle from bar to a store. 3 witnesses say I was riding it. The ignition box was locked no keys on me or in or around the motorcycle. I was in the store coming out, when officers called me over. Yes I was intoxicated, although there was no way to operate the bike. They gave me a dwi…how?
That sucks dude, but what were you doing without the keys? Who had them, and why were you pushing your bike?
I was sleep in my car waiting on my ride keys where on the passenger side floor shoes where off. Officers knocked on my window and said they had a call about a man being sleep in the car never seen the car move car wasn’t on no keys on person. Took me to jail on a city code none move warrant. 3 months later gotten a dui. Can my case be dismissed?
Nope, the key was in the car. They got you for DUI, it sucks. But they do. Perhaps unless you can prove that you were calling for a ride or something..
I was asleep on the driver’s side with keys in the ignition, on the side of the road What are the chances of me beating this?
Luckily I did it get reduced.
I have july 5th 2016 prelim hearing on dui in baldwin boro . I WAS PARKED WITH KEYS IN THE INGNITION. BAC .123. CAN I SEE lesser charge like disorderly conduct as plea deal?
Store clerk refused to sell me alcohol (long story) and instead of arguing with him I left 💰 on counter for my alcohol and left the store. He called the LAW like he was supposed to (His job is to refuse alcohol sales to any visually impaired persons…he could end up in some serious s**t!).
When I got home I realized I’d lost my wallet and it was more than likely at that store.
Sooo..I (dumba*s) go back.
When I pull in the parking lot, I see a sheriff car going out the other side of store. I get out put the keys in my pocket, then reach back in car window to honk horn at sheriff. He whips his car around to the side of mine, bolts out asks if I’m such n such, I reply “yes.” Shining his flashlight in my car, he starts yelling “Where’s that baby!” Which catches me off guard, so I shook my head and he yells “Don’t you lie to me”, yada yada yada.
I didn’t feel like arguing with him either. So I refused a field sobriety and a breathLIESer (that’s how it should be spelled anyway) he reads something off a card about suspending my license and ask “Do you consent.” I say “No.” He puts handcuffs on me places me in backseat of his car.
Minutes later, he opens door and asks if it’s okay to roll my windows up and lock the doors on the vehicle because we were on private property (store) and my car didn’t have to be towed. I tell him the keys were in my pocket so he fished them out.
Well on my ride to jail I was wondering what was I being charged with, and I wasn’t even told my Miranda Rights.
Theft for Taking?
Disorderly Conduct?
Public Drunkness?
Nooo… I was charged with a DUI !?!!?!
On top of all this, when I got out of my car at the store I kicked my stained up mowing shoes off so was barefoot when booked. I signed my own bond at 3am, couldn’t get anyone on that one phone call, so I left the jail walking BAREFOOT at 3:00am. no cell phone, no money and NO SHOES.🤔
Sobering up in your car and avoiding arrest – is what I think the OP was asking about and having better chances at getting a plea deal. Under new 2020 DUI laws, it is difficult to know how can you make the safe choice by sleeping in your vehicle while at the same time being sure to avoid arrest and DUI conviction just the same as if you drove.
What is the most unfair is that the DUI law in every state does not even require a police officer to have to witness or observe the driving, in order to still arrest a person for DUI or DWI in a parked car.