DUI While Sleeping
A DUI or DWI charge involves two key elements: a vehicle and a person who has been drinking. Generally, we would assume that the vehicle in question is at least running, if not swerving dangerously down a highway or busy street, and that “human” part of the equation is behind the wheel.
As it turns out, in most states, the criteria are not necessarily this advanced. DUI while sleeping is an increasingly frequent charge that means you can be ticketed for simply being in the wrong place at the wrong time, or attempting to “sleep off” your intoxication. If your keys are in the ignition (and in some cases, even if they aren’t) and you are in the vehicle, authorities feel they can make a claim that you are still posing a danger, in the event that you wake up and decide to drive while still under the influence. They may also assume that you have already been driving in such a state.
While this idea may have the noble basis of preventing accidents in any way possible, it is fraught with difficulties and complications. Whenever the law starts to judge a person for something he or she “might” do, we are at risk of infringing upon personal rights. Moreover, some have argued that the possibility of this charge will only encourage those who would otherwise try to sober up by sleeping in their cars to try to make it home.
If you or someone you know has been charged with DUI while sleeping, having an experienced legal team on your side will increase your chances of winning against this dubious accusation. Contact Rhode Island DUI defense attorney Matthew Marin today by calling 401-287-4384 for help with your case.