If you drove to a bar and had too much to drink, you may be tempted to try to take a nap in your car before you drive home to avoid having to call a cab, an Uber, or find a designated driver. While “sleeping it off” in the car may seem like a good idea, you may be shocked when you end up in handcuffs. After all, you were never actually driving your car!
This situation was all too real for a New Jersey man who recently was arrested and faced DWI charges after he was sleeping it off in his car with the engine on. While the charges against this particular man were ultimately dropped, it does serve as an example of the complex situation that sleeping off a buzz in your car can present.
The New Jersey DWI law requires that sufficient evidence exists that you were intoxicated but the courts have also held that there must be evidence that you intended to drive your vehicle. If the prosecutor cannot prove that you had the intention of driving while impaired, you should be acquitted.
Some evidence that you intended to drive may be the keys in the ignition, you were seated in the driver’s seat, or that the engine was running. However, you may have simply wanted to turn on the heat if it was a cold night, so a skilled attorney can argue that you only wanted to sleep, even if the engine was running.
In short, while sleeping is a better alternative to driving after drinking, you still risk facing arrest and DWI charges. For this reason, it is wise to find another way home so you are not lingering in your car while you are impaired. If you do get arrested, your first call should be to an experienced DWI defense attorney.
Call 732-238-8686 Today for More Information
Many DWI cases can involve complex circumstances and charges can be based on the subjective opinion of law enforcement officers. In order to have the best chance of avoiding wrongful conviction for DWI and having a conviction affect many aspects of your life, you need to call a highly experienced DWI defense attorney as soon as possible if you are arrested and/or charged. At the office of David C. Barry, Attorney at Law, we have handled many cases with unique circumstances and have helped many clients obtain successful results. Please call our office to discuss your case today.