Can I be charged with a DWI if I fall asleep in the car drunk on the side of the road?
One of our clients asked us this unique question out of curiosity and our response was as insightful and practical as any NYC DWI attorney could give.
The first thing you should know is that falling asleep in your car drunk or after drinking is not a smart idea, there are much better options. Take an Uber or Lyft to a motel and stay a few hours if you are far away from home, or better yet, consider not drinking and driving, or at the very least prepare a designated driver for the evening.
If you do decide to drink and then drive and then pull over to the side of the road for a nap, a likely scenario to unfold will go like this: the officer will see you pulled over to the side of the road, he or she will get out and see you sleeping behind the wheel or in the passenger seat and will then proceed to wake you up with a few taps on the window.
When you roll down your window the officer will smell, the alcohol or even the marijuana (if that’s your thing) both has a distinct aroma. The presumption by the officer is that if you fell asleep in the driver’s seat then you were driving the vehicle. Even if you are in the front of the vehicle, they are going to raise that as a presumption. Then the burden of proof falls on you and your NYC DWI attorney to prove otherwise while explaining how you got into that position. Did someone drive you?
According to our New York criminal defense attorneys, there are a lot of inferences to debate about. In addition, who owns the vehicle and do you have a drivers’ license are major factors in this scenario. This all going to come out since you are the only one in the vehicle, you are behind the wheel or you are in proximity of the wheel and therefore you drove impaired and then pulled over to sleep it off.
Now, if you were to be in the backseat that is a bit of a stretch for the police officer to say that you were impaired or intoxicated while driving. This is simply because you were in the back seat. According to Bruce Provda NYC DWI attorney for over four decades, says the best thing to do if, in fact, you do feel sleepy, is to fall asleep in the trunk of the car. No one will know where you are no one will know you are there and no one could stop you and question you. Nevertheless, you will have to contend to how you will get out of the vehicle’s trunk when you wake up, but that is another question.
The bottom line is our New York attorneys agree and say if you are sleeping behind the wheel or even in the front seat, the police are going to ask you roll down the window and smell the scents of your excess pleasures, whether they are alcohol or marijuana. You will more than likely be arrested and charged with either DWI or DUI.
A History of Dwi Attorney Refuted What Everybody Dislikes About Dwi Attorney and Why You need to be able to communicate openly with your DWI lawyer. Your DWI attorney should submit the proper paperwork to get it expunged. He can help you find out all the various rules and regulations under your state guidelines. To begin with, you’ve got to employ an expert DWI attorney.
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The lawyer is not going to be in a position to update you on the case or explain the facts of the arrest without authorization-even if you’re footing the bill. It’s very possible your DWI attorney is able to interact with the prosecution to secure you a lighter sentence or even to receive all the charges dropped. It is advisable to consult an experienced DWI attorney to aid with the administrative hearing.
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Obviously you wish to locate a lawyer that specializes in DUI. For this reason, you’ll have to make sure the DWI attorney you are employing is highly experienced and well qualified. Houston DWI attorneys will be able to help you to expunge your DWI records.
The key issue is to learn when to call an attorney and also what things to search for in a good one. So, even in the event the attorneys charge a hefty quantity of fee, it’s always worth hiring them. Therefore it is advisable to seek out an expert DWI Attorney.
What to Expect From Dwi Attorney? Your lawyer will be working to discover methods to back up your defense and make sure you will have the very best possibility of winning your case. He may also take additional charges for the services which are directly related to the case. Therefore, it’s important that you seek the services of the ideal DWI attorney to manage your case.
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