Does the police officer has the right to arrest me and charge me with a DWI even though I was asleep?

Daniel J

The signs would indicate that you HAD been driving, and stopped to sleep it off. In your story above you say once, that the keys were in your hand then near the end say they were in your pocket. Also, why wait for your husband while buckled in the DRIVER's seat?? You've got a lot against you. But intent is in your mind, not the cop's. If you could prove (by your actions or the testimony of witnesses) that you did not intend to drive (drunk) then you should have a chance - with a lawyer. You need those friends who dropped you off to testify as well as the record of your call to your husband (by cell phone?). And who drove your car to the drop off point? Why didn't you just wait at the bar or club or wherever you were drinking?

If you can't come up with these serious bits of evidence and testimony, don't even try to get out of this. Ask if you can take a plea and hope for a good deal. One thing on your side is that you weren't stopped WHILE driving. It could be argued that this showed good judgment. Well, better than if you'd been driving.

fr_chuck

yes the police officer has every right to check a person stoped and asleep in a running car.

We always had a saying, if it looked like it was, most likely it was.

He only has your word for these things which is what every drunk ever caught normally says. so because of everyone else lying, he just did not beleive you.

so you try to convince the judge now.

tallerfella

Yes he does..................

Vehicle running, you in the drivers seat, seat belt on. To ANYONE passing by, you would look like you were getting ready to drive. Sorry to say, he's got you dead to rights.

Amy V

If the car was running and you were in the drivers seat, then yes, the cop can rightfully give you a ticket.

Sassy Shut Your Mouth

The officer had probable cause to arrest you. You can however pay for a lawyer to dispute the charges but again you will have to pay an attorney well in order to get out of that mess. Word to the wise, next time sit in the passenger seat. You at least will have a better defense.

gotseatbelts

OK, first what the police need to establish is..
1. Is the driver intoxicated?
2. Was the driver in actual physical control of the vehicle
You field sobriety and the fact you were admittedly too drunk to drive waiting for your spouse..if that's true,, you told two different stories about where your keys were.. Why would you be wearing your seat belt to sleep, let alone if you were waiting for your spouse to drive. Even if you keys were in your pocket you could have at any time get them out and use them. (that's what we call actual physical control of the vehicle) How did he "make" you do field sobriety,,, did he drag you around like a puppet and hold you lips on the pbt and blow for you. Sorry but you were wrong and now you need to pay the consequences for it.

fordkid14

Your story sounds plausible, but sorry, the officer can arrest you whether the car was moving or not.

Peggy G

if you were in a car and the keys were in the ignition and you were in the drivers seat, you betcha.

Yes he can -- if you are in the car and drunk -- ticket time. Take a taxi next time or dont' get so drunk you can't drive home.

josh m

Ya it sounds like your gonna have to take it.

King Midas

yep if you were in the driver's seat he can. if you were in the passanger seat he doesn't.

Steady

Everyone is probably right. In all states that I know of if you are asleep in the driver's seat and the engine is running you are deemed to be "operating" the vehicle. I worked as a prosecutor for a while though and I know that juries can sometimes be nullified in cases like this. You can convince them that you did the best you could to avoid driving while intoxicated and you shouldn't be charged for that. Get a good attorney and you never know.

shrty0525

If you were in the drivers seat with the motor running - yes.

Blue Steel & Lace

You were in the drivers seat asleep with your seat belt on and the motor running?
You mean passed out, right?
You had the intent to drive. It's a good arrest. Also, you blew more than double the legal limit. Do you realize how drunk that is?
You really need to get an attorney.

UncleRico

You're either full of **** or you have crappy friends. I don't believe for a second that they would leave you there, drunk, alone, with your car keys. Females won't even go to the bathroom by themselves.

KARL

Friend of mine went through a similar scenario a couple years ago. But in his case the engine was not running. He tried telling the officer he intended to sleep in his truck till he was sober enough to drive, but it didn't work for him -- he's busted.
So that's what they call in the legal biz a precedent.
You've got a problem and need professional legal help.
I know that's not the answer you wanted -- sympathy but not good news.

Yahoogirl

Yes, same thing happened to a good friend of mine years ago. She had to go to court and pay all of the fines after the night in jail.

*****

Go to court and fight this citation for DWI, becasue how can this guy prove what your intent was? The point is that you were not moving when he arrested you, and he didn't actually see you do any driving. All he has is a conjecture that you could have driven drunk, if you wanted to.

peacheswrites

hire a good lawyer!

tshirtgrafx

well in jersey if you get caught DWI you do get arrested, but you don't go to jail unless you have any outstanding warrants. If you are clean (meaning no warrants) they take your picture and prints and put you on a summons and tow your vehicle and hold it till you sober up. If you feel the officer was wrong fight the summons in court.

Cute T Pie

Yes. If you are in the drivers seat you are in control of the vehicle. That is all the officer really needs. The fact that the key was in the igntion, your seatbelt was on, and the car was also on gives the officer more evidence against you and proves that you had intent to drive.

Morgan P

There's no way to prove to the officer that the "intent" to drive the car wasn't there. For all he knew, you had just passed out. Next time sleep it off in the passenger side or back seat, just be careful where you park.

sevenout7

yes he has the right like everyone else said..but i would like to know what kind of friends you have that would leave you in a car drunk passed out in a parking lot int he cold?

sprigot

He got you fair and square, give it up. Plead stupidity.
You have to be in the back seat of your car, the keys out of the ignition to make the, I didn't realize 20 drinks would get me drunk so I pulled over, concerned citizen that I am, story to work. You must have floated to your car to rate an 18. Why didn't your friends drive you the rest of the way, they were half way there?? I can see the judge rolling his eyes already.

BrutalBaby

You were arrested b/c you failed your field sobriety test, showing you were impared, and you were in the driver's seat of a vehicle with engine running showing intent to drive. I don't believe your story about your friends dropping you off either. Where were your keys again? In your hand or your pocket? Trying your lies out on the Yahoo Q/A audience first, huh? You got what you deserved. Good luck.

Finn

Next time you see him...you should offer to buy him a beer.

c504play

yes you should be arrested and put in jail. the car was running you were asleep, and drunk, and in the driver seat get a life and STOP DRIVING DRUNK AND MAKING UP LIES

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