Can I be charged with a DUI if I am asleep in the driver seat of my parked car?
Yes. You can be charged with DUI even if you are asleep behind the wheel of your car parked in your own driveway. For example:
“ A 40-year-old man found slumped over the steering wheel of his parked car was arrested Sunday night on a DUI charge, the Pasco County Sheriff’s Office said.
Jeffrey Roger Werling had a blood-alcohol content of 0.361 and 0.367, more than four times the level at which Florida law presumes impairment, the report said.
A deputy performing a welfare check about 8:30 p.m. found Werling passed out in the driver’s seat of a van parked in his driveway at 3153 Bright Drive. ”
It is a crime under Florida Law to drive or be in actual physical control of a vehicle while impaired by alcohol or illicit substances. A Jury in a DUI trial is instructed by the Judge that a person is in actual physical control when he has readily exercisable power or ability to operate the vehicle, and is on or about the vehicle.
Was Mr. Werling in actual physical control of his vehicle? It depends. Was the engine running? Were the keys in the ignition, or around his person? Was he seated, or was he lying down? If the facts of Mr. Werling’s situation were such that no reasonable person could conclude that he had the power or ability to operate the vehicle, than a Judge could potentially throw the case out. If for example, Mr. Werling left the keys in the house and the axle was broken on the car, he would have a strong argument for dismissal. A reasonable jury could not conclude that a keyless man could readily exercise control over a broken vehicle.
However, such a fact pattern is a rarity, and the question of actual physical control is often more difficult to determine. In these vast majority of cases, a Judge will decide the evidence of actual physical control of the vehicle is enough that he will not throw the case out. In these cases, whether or not the driver was in actual physical control is a question for the jury to decide.
If you have an “APC” case, contact a DUI Attorney to discuss your legal options and advise you on the strength of your case.
