After having one too many at the bar, you might think you are making the responsible choice by opting to sleep off your buzz in the car. While this is certainly the safer choice, and it will keep you from endangering your life and the lives of the people around you, you may be surprised to learn that legal issues can still arise under rare circumstances.
Whether you were arrested after a DUI-related accident or you were charged with a DUI while sleeping in a parked car, now is the time to enlist the help of an experienced DUI lawyer. Criminal Defense Attorney Brian Gabriel has over 30 years of experience defending Floridians for drunk driving charges, and he understands Florida DUI laws extensively. Mr. Gabriel will handle your DUI case using all the knowledge and skill developed over the span of his lengthy career.
Are You Facing a DUI Charge for Sleeping in Your Vehicle in Florida?
Sleeping in your car after drinking can lead to an arrest for DUI in Florida, even if you had no intention of driving. This is because, in Florida, being charged with DUI does not require you to be actively driving your car. Simply having “actual physical control” over your vehicle, meaning the ability to operate it if you choose to do so, is enough for a DUI charge.
So, can you be in actual physical control of a car while sleeping in it? The answer is yes, and this is a situation that is becoming increasingly common. In Florida, police officers are trained to look for signs of impairment and will often conduct a field sobriety test even if the individual was found sleeping in the car.
If you are convicted of a DUI in Florida, you may face serious consequences, including:
- Driver’s license suspension, and
- Jail time.
Additionally, a DUI conviction can have long-lasting consequences on your personal and professional life, including difficulty obtaining employment or housing.
How To Fight a DUI Charge You Got from Sleeping in Your Car in Florida
If you have been arrested for a DUI while sleeping in a car in Florida, it is imperative to take the situation seriously and seek legal representation as soon as possible. Depending on the circumstances of your arrest, your lawyer may be able to challenge the charges against you or negotiate a plea agreement with the prosecution.
An experienced criminal defense attorney can analyze the circumstances of your arrest and determine whether any illegal seizure or violation of your rights occurred. Various factors can affect the legality of your arrest, such as how the police woke you up, what they said to you, and the condition of your vehicle. For example, if the police’s actions constituted an illegal seizure pursuant to the 4th Amendment to the Constitution, it could lead to a dismissal or reduction of your charges.
In addition to legal representation, it is important to take steps to protect your own rights and your future. This may include avoiding discussing the details of your arrest with anyone other than your lawyer and complying with any court orders related to your case.
Seek Legal Representation After Being Arrested for DUI in Florida
With Criminal Defense Attorney Brian Gabriel’s extensive knowledge of Florida DUI laws, he can help you understand your legal options and develop a strong defense strategy tailored to your specific case. Whether he challenges the validity of the traffic stop, questions the accuracy of the breathalyzer test, or negotiates a plea agreement with the prosecution, his goal is always to achieve the best possible outcome for you.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.