Often, individuals drive to bars without considering how they’ll get home. They may believe if they take a nap or rest in their car for a while, they will be good to drive. However, depending on the state individuals can be convicted of driving while under the influence (DUI) if they are found sleeping in their car while intoxicated. In the unfortunate event that you have been charged with a DUI for sleeping in your car while intoxicated, contact a skilled Pensacola DUI Defense Lawyer who can defend your rights. We are ready to fight on your behalf today.
Will I be convicted of a DUI for sleeping in my car while intoxicated in Florida?
In certain states, individuals can only be charged with a DUI if they were in actual physical control of a vehicle while intoxicated. However, in a few states individuals who sleep in their car while drunk can be charged with a DUI. Florida is one of those states. In Florida, if an individual is caught “sleeping it off,” they will face a DUI conviction. The definition of “actual physical control” is different in each state. Typically, to determine if an individual is in actual physical control of the vehicle includes:
- Whether or not they are sleeping in the driver’s seat
- Whether or not the engine is running
- Whether or not the keys are in the ignition
- Whether or not the individual was in possession of their keys
- Whether or not the car was disabled (broken down)
- Where the vehicle was parked
Are the penalties the same for a “sleeping it off” DUI conviction?
Falling asleep in a motor vehicle while intoxicated is commonly referred to as “sleeping it off.” Regardless of the way in which an individual violated Florida’s DUI laws, they will face serious penalties. ‘Sleeping it off’ offenses do not have different penalties. In Florida, individuals convicted of their first DUI offense will face up to six months of jail time, up to $1,000 in fines, one year license revocation, and up to six months driving with an Ignition Interlock Device (IID) if they had a BAC of .15% or more. Second DUI offenses result in up to nine months of jail time, up to $2,000 in fines, one year license revocation, and two years of driving with an IID. Third DUI offenses result in up to twelve months of jail time, up to %5,000 in fines, license revocation for a year, and the use of an IID for two years. A DUI conviction for sleeping in a car while intoxicated does not carry any different penalties than other DUI convictions.
If you have been charged with a DUI for sleeping in your car while intoxicated, please don’t hesitate to reach out to one of our trusted and determined team members. With years of experience, our firm can help defend your interests.