AZ DUI 'Parked Car' Laws? I was arrested for DUI for sleeping intoxicated in my parked car, what now?

It depends. I don't practice in AZ, but in most jurisdictions the police must see you driving to arrest you for drunk driving. It is certainly worth fighting.

If you request a public defender, the court will evaluate you financially to see if you qualify.

Edward J. Blum

You may have some valid defenses. First, how could you be driving or in control of the vehicle when you were sleeping? Where was the driving/operating? In WI, we have caselaw indicating that sitting behind the wheel of a parked, running vehicle without more is not operating. For operating, the person must physically manipulate a control necessary to put the vehicle in motion. AZ may have similar case law.

There is also the shelter doctrine. Under this doctrine, you would argue it was necessary for you to sleep in a parked, running vehicle. Usually, this applies to cases in States with snow, but maybe there is a way to get this doctrine to apply in your case. Maybe air conditioning is a must have in AZ!?

Bottom line: You may have valid defenses. You should definitely get a court-appointed attorney to assist you.

As for what to expect in court, you will need to discuss that with your attorney.

Good luck!

I am an Arizona licensed attorney with experience defending DUI cases.

In Arizona, the State must prove that you were driving, or "in actual physical control," of the vehicle. Pursuant to case law, various factors (i.e., key in the ignition, hood of the car warm to the touch, your position in the car [behind the wheel vs. in the back seat], your statements regarding driving, etc.) can be used by the State to show that you were in "actual physical control" of the vehicle.

With that being said, these types of "actual physical control" cases are often easier to defend than cases where the officer observed the person driving.

If you do not hire an attorney, expect to be in Court most of the morning or afternoon filling out forms to determine whether you can afford an attorney or not. Arizona statutes require mandatory jail time if you are convicted of a DUI, so you will be appointed a public defender if you cannot afford an attorney.

Good luck!

There is a resent case form the Arizona that addresses physical control and the factors a jury should consider. I wrote a post on it from a Washington DUI Attorney's perspective, but it may have some helpful information for you.