Dear JACUSTOMER - I know it's too late but if this ever happens again you can simply refuse to talk to the cop or to take any tests. Being asleep in a car is not probable cause for being intoxicated and if you simply had refused to do anything she would have had no probable cause to arrest you. Having said that you are now in the position of having to defend the charges. The DUI laws all provide for the circumstances of "being in control" of the vehicle while intoxicated and that is why you were charged. The keys in the ignition are enough and the engine running is even more reason to be in control.

My experience has been that in cases where the driver was not actually operating a moving vehicle and has no prior record of DUI that the courts will reduce the charges to some lesser offense, especially with a relatively low BAC test. you need to plead not guilty and if you cannot afford an attorney the court will appoint counsel. Then you attorney can discuss the case with the prosecutor and the judge and my guess is that you will be offered a plea bargain to a lesser charge although I cannot predict the exact outcome of any court case.

The cops love to "overcharge" in any case and when you supply the evidence they know they can do so and get away with it. You should not discuss the case with anyone but an attorney so don't call anyone at the court or the police department. Just get an attorney and plead not guilty.