Q: Can you get a DUI if you weren't driving while drunk? I was parked and asleep.
A:
Sounds like an Atkinson case to me. I’ve won cases in similar situations when the evidence showed the car was being used for shelter and not transportation.
Of course - as every case is different and past success is not an indicator of any particular result in your case - it will depend on the specific facts in your case. Call our office for a free consult if you are seeking legal services and we are happy to discuss in more detail.
A: Yes, because the issue is whether you are “in control” of the vehicle (in drivers seat, key in ignition, etc.)—but it is a very defenseable case depending on the facts. Do not post more details on this public forum. Consult a lawyer.
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