If you are under the influence of alcohol and you are behind the wheel of a car, you might feel like the best option is to pull over to the side of the road and rest. However, this will not necessarily protect you from a DUI charge. If an officer finds you parked by the side of the road, sleeping, this might lead to the officer conducting an investigation.
How You Can Get Charged With a DUI Even When Parked
Whether or not you can be arrested depends on the laws of your state. Therefore, it is always important to consult with a DUI lawyer before you fight this type of case. Oftentimes, if you are in physical control of your vehicle and have a BAC that is above the legal limit, you will be charged with a DUI. Also, you may be charged with a DUI if the officer is able to determine that you are under the influence of drugs including marijuana.
Physical Control of the Vehicle
If you have physical control over a vehicle, this means that you have the ability to drive the vehicle. You might have the car keys in your possession. If the vehicle has a push-button start, you can start the vehicle because the keys are inside and will allow you to control the vehicle.
Also, you will often need to be in the driver's seat to be considered in physical control of the vehicle. For example, if you were a passenger, you would not be charged with a DUI because the driver is in control instead.
How Getting Off the Road Can Help
In some states, if you pull far enough away from the road and are safely parked, you may be able to avoid a DUI charge. At the very least, you may be able to have your charges reduced.
How to Beat Your Charges
Just because you are arrested for a DUI, this doesn't mean that you are guilty. Police officers make mistakes and you may not be considered guilty under the laws of your state if you take reasonable precautions to protect the public.
However, you will need an experienced DUI lawyer to assist you in gathering the evidence necessary to prove that you were innocent of your DUI charges. Your lawyer will then represent you in court through actions such as presenting opening and closing arguments. Contact a DUI lawyer to learn more.