Practicing in sunny Fort Lauderdale, I have received queries concerning whether one can be arrested for “Driving under the Influence”.
The answer is yes, you can be arrested for “sleeping under the influence” in your parked car. Why? well the theory is that you were probably driving at some time earlier and were probably intoxicated at the time, or the other scenario is that you intended to drive in your inebriated condition.
What should you do: If you find yourself driving home from a bar and you realize you have had too much to drink?
You should: Pull over and sleep it off, here are a couple of tips to follow:
a. Ensure the car is properly parked off the road leave your hazards on and the make sure the doors are all secure as to ensure your safety;
b. Remove the keys from the ignition, sometimes it is advised to put the keys on the ground in the back of the car, do not keep the keys on your person as you can be still arrested;
c. DO NOT remain seated or fall asleep in the driver’s seat, always go the back of the car.
Attorneys have advised that with the removal of the keys from the ignition and not keeping it on your person; sitting/sleeping in the back seat of the car will all indicate that you have no intent of driving or operating the vehicle.
We have seen some cases where the driver has done all of the above and was still arrested. Always seek legal counsel if you find yourself incarcerated for “driving/parking under the influence” you should hire experienced South Florida attorney who will build you a strong case in your defense.