Q: If I was just sleeping in my car can I still get a DUI?
A: I'm assuming by your question that you have been charged. It really depends on all of the facts. The State must prove operation in order to get a conviction. If you were in the car with it off and no keys in the ignition then no they cannot get an OWI conviction. However, if you fell asleep with the vehicle on and in gear, you need to be concerned. You should contact an attorney who is well versed in traffic law and can look at all the facts and circumstances to give you the best possible defense.
Paul Stanko agrees with this answer
A: Yes. The key is whether you were "operating" a vehicle, not "driving" it. This question is very fact sensitive. Where was your car located? Was it in the street or parked in a lot? Was the engine running, was it in gear, etc.? Speak to an experienced OWI attorney concerning your case.
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