Sleeping Behind the Wheel - Is It a DUI Offense in Florida?

17apr 2019
Sleeping in your car is not illegal, but depending on the circumstances. Consult a DUI attorney in Fort Myers for proper legal steps once you've charges.

We all have work to go to and other important things to attend to everyday. And sometimes, we hit the roads when we are tired after a long day’s work. It’s even worse if you drive after a whole night of drinking and merry making. Driving under the influence will certainly get you a charge most of the time. It is good if you have a DUI attorney Lehigh Acres, but if you have none yet, it might be better to know more a bit about the laws of the Sunshine State. You can certainly get a DUI charge if you have alcohol but how about if you sleep in your car?

Actually there is no Florida law that says it is illegal to sleep in a car per se, but it can be illegal depending on the circumstances. If you really wish to go into dream land while inside your vehicle, you better make sure of the parking restrictions in the area or any local ordinances against sleeping in public places.

Specifically, you can be charged with a DUI if while you are sleeping inside your car, you have actual physical control of it. The determination of how close you are to the car’s ignition and your car keys are actually a subject of many debates in court in DUI cases. You and your DUI attorney Lehigh Acres, Peter M. Dennis Law P.A., must talk closely about this if you want to avoid charges.

The important thing to prove in court is that you do not actually have the intention to drive your car. Putting your keys in the car compartment or in your bag on the next seat would indicate just that and would probably exonerate you from being charged with a possible driving under the influence case.  Or it can at least become a defense for you. 

What if you had a long drive and had to rest or if you took a cold medicine and got extremely drowsy and had to stop and sleep in the car? Your impairment can also be justifications for you to choose to sleep behind the wheel than continue driving.

If you need a reliable DUI lawyer Fort Myers FL that can help you with your DUI charge? Try calling the Peter M. Dennis Law P.A. at (239) 800-0399 for a free first consultation. Phone lines are available 24/7. Visit our website at https://www.peterdennislaw.com/dui-defense/ for more details.

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Peter M. Dennis, P. A. Fort Myers Personal Attorney