I was just charged with a DUI last night whenever I was asleep in my car and had the keys in for me to stay warm how can I not get fully convicted of a DUI ?
State/Country relating to Question: South Dakota
Nothing yet I need help!
-Could you explain your situation a little more?Did you take any tests?
Were you legally parked?
Please explain the circumstances.
I was at a house party and I didn't really know the people there to well so. Went down to my car and fell asleep I woke up turned on the car for warmth than fell back to sleep. I was woken up by a police officer saying that the car was running and she made me do a few tests such as looking at a pen and following it along with saying the alphabet. I completed the tasks correctly and she made me take a breathalyzer test the reading that she told me was .097 and she took me in. The car was legally parked and I was completey asleep.
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.
25 years experience practicing attorney
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).