Can I be arrested for DUI if I was sleeping in my car? 3 Answers as of July 13, 2010

Last weekend I had too much to drink at a bar so instead of driving, I tried to do the responsible thing and went to sleep it off in my car in a parking garage. A few hours later, a cop was knocking on my window and he asked me what I was doing. I told him that the truth, and after failing the sobriety tests, I was booked into jail. Can I fight this? Somebody please help what should I do?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Of course you can fight it. You can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments. Being off the street is the major issue in your favor. If serious about hiring counsel to do this, feel free to contact me.

Keep in mind: If you were charged with DUI, then upon release from jail or booking, you’ll be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing if you want.
Answer Applies to: California
Replied: 7/13/2010
The Mosca Law Firm
The Mosca Law Firm | Stephen A. Mosca
Technically, it is a violation of the DUI statute in Florida to be "in physical control" of a vehicle while under the influence. Having said that, you may certainly have facts that are a defense in your case. Please feel free to contact my office to discuss your case in more detail.
Answer Applies to: Florida
Replied: 7/13/2010
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