i was picked up for dui while sleeping in the drivers seat parked in the same place my car had been parked for hours.... i went out and had many cocktail drinks over about 2 hours... upon leaving i decided that i couldn't drive but it was very hot so i turned on the car for air and fell asleep... about 10-15 min later and office taps on my window and i get out and preform and fail sobriety tests. i was taken back to a local jail where i was processed and blew a .216 and 2.15 on their machine.i am a postal worker carrier for the past 3 years and cant afford to lose my license or job because i have a 2 year old and 4 year old whom is disabled and his expenses take most of my checks. i don't know if there is any hope for me to keep my license or my job i just need to be pointed in a direction
I strongly urge you to hire a criminal defense attorney to help you with this. Even though you were not driving, you were in "control" of the vehicle while intoxicated. I've handled multiple cases with extremely similar facts to your situation but have gotten different results. Every case is different and your result will depend on the attitude of the prosecutor and police officer. Your best bet will be to let a lawyer handle it for you. Good Luck!
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Unfortunately, "operating" a vehicle can include simply having the ignition on and the car running without the car being in gear. In fact, in some states, merely having the key in the ignition is sufficient. I would urge you to contact a criminal defense lawyer with dui experience and see if you can plead this down to some lesser offense.
Criminal Defense Attorney
While I agree that the state may proceed on an "actual physical control" theory, the facts you have described may provide the basis of a successful motion to suppress for an unlawful seizure. Please contact a knowledgeable and experienced DUI attorney in the Tampa area and ask to discuss the Danielewicz line of cases.
Best wishes for your success.