I was found sleeping in my car, can I still be charged with a DUI in Scottsdale?


travel-1564734_640In Scottsdale Arizona a DUI carries severe penalties. With a conviction carrying mandatory jail time, fines, license suspension, and the ignition interlock device, depending on the blood alcohol concentration and history, jail can range from 1 day to 6 months for misdemeanors and up to 15 years for a felony. Your car insurance could cost more too.

There are numerous ways that you can be convicted of DUI in Scottsdale. One way is that you were found to be in actual physical control of a vehicle while driving under the influence of alcohol. If you were found sleeping in your car, the issue of being in actual physical control is for a jury to decide and some of the factors that they will take into account are listed below. 

Jury considerations when establishing actual physical control

  • Were the keys in the ignition?
  • Was the vehicles engine on?
  • Was the vehicle in place in gear?
  • Were the vehicles brake on?
  • Were the vehicles windows up or down?
  • Was the radio on?
  • Was the driver found in the care sleeping?
  • Where was the vehicle located when the officer discovered it?
  • How was the weather at the time of the incident?
  • Was the public ever in danger?

The above listed elements and more can mean the difference of being convicted of a DUI if you were only sleeping in your car and not actually driving down the road.

Because of the severity of penalties and potentially life-changing implications of a conviction, it’s essential to speak with a Scottsdale DUI Lawyer who has a clear understanding of the complexities of DUI laws in Phoenix. Unfortunately not every attorney understands the complexities of DUI defense law selecting an experienced DUI attorney to represent you can make all of the difference in your case. With that being said I encourage you to check their qualifications thoroughly before asking them to represent you.

At the Law Office of Aaron Black, I personally represent each of my clients with the ultimate goal of achieving the dismissal of your case, thus keeping you out of jail.

For a free consultation, call 480-729-1683 to learn more about my experience and legal services.

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