DUI Lawyer | Joel Brand, Esq.

“Sleeping DUI” Charges

Sleeping DUI charges, often referred to as “sleeping it off,” occur when a person is found asleep in their vehicle while under the influence of alcohol or drugs. These cases are complex and nuanced, involving a unique set of legal considerations and defenses. This article will explore the intricacies of sleeping DUI charges in California, the relevant laws, possible defenses, and the importance of legal representation.

California DUI Laws

In California, DUI laws are primarily governed by the California Vehicle Code (CVC) § 23152(a) and (b). Under these statutes, it is illegal to operate a vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or higher.

Elements of a Sleeping DUI Charge

For a DUI charge to be upheld, the prosecution must prove that the defendant was “driving” under the influence. In sleeping DUI cases, the issue of “driving” becomes contentious because the individual is typically found asleep in a parked car. However, California courts have interpreted “driving” broadly.

Actual Physical Control

California courts often rely on the concept of “actual physical control” to determine whether a person was driving. Factors considered include:

  • Location of the Vehicle: Was the car parked legally or illegally? Was it on a public road or private property?
  • Position of the Defendant: Was the person in the driver’s seat or a passenger seat?
  • Condition of the Vehicle: Were the keys in the ignition? Was the engine running? Were the headlights on?
  • Intent to Drive: Did the individual intend to drive, or were they using the car as a temporary shelter?

Case Law

Several California cases illustrate how courts handle sleeping DUI charges:

  • Mercer v. Department of Motor Vehicles (1991): The California Supreme Court held that a person can be found in actual physical control even if the vehicle is not moving. The key factors are the location of the keys and the person’s position in the driver’s seat.
  • People v. Garcia (1999): The court ruled that a person asleep in the driver’s seat with the keys in the ignition and the engine running could be convicted of a DUI, as they had the potential to operate the vehicle.

Possible Defenses

Given the unique nature of sleeping DUI charges, several defenses can be employed:

  1. No Intent to Drive: Demonstrating that there was no intention to drive can be a strong defense. For instance, if the individual was using the car solely as a place to sleep and had no intention of driving until they were sober, this could negate the DUI charge.
  2. Inoperable Vehicle: If the vehicle was inoperable, it could be argued that the individual could not have driven, thus avoiding a DUI conviction.
  3. Lack of Actual Physical Control: Arguing that the defendant did not have actual physical control of the vehicle at the time can also be effective. This includes situations where the keys were not in the ignition or were out of reach.
  4. Emergency Defense: If the person was sleeping in the car due to an emergency situation, such as feeling too impaired to drive and deciding to sleep it off, this could be used as a defense.

Legal Consequences

The penalties for a sleeping DUI conviction are similar to those for a standard DUI and can include:

  • License Suspension: A DUI conviction typically results in a suspension of driving privileges.
  • Fines: Convicted individuals may face substantial fines.
  • Probation: The court may impose probation, requiring compliance with specific conditions.
  • DUI School: Attendance at a DUI education program is often mandatory.
  • Jail Time: In some cases, especially if there are prior DUI convictions, jail time may be imposed.

Importance of Legal Representation

Given the complexities of sleeping DUI charges, it is crucial to have skilled legal representation. An experienced DUI attorney can:

  • Evaluate the Case: An attorney can thoroughly examine the facts and identify the most effective defenses.
  • Challenge Evidence: An attorney can challenge the prosecution’s evidence, including the legality of the vehicle stop and the administration of field sobriety tests.
  • Negotiate Plea Bargains: An attorney can negotiate with the prosecution for reduced charges or alternative sentencing options.
  • Represent in Court: If the case goes to trial, an attorney can provide vigorous representation to secure the best possible outcome.

Conclusion

Sleeping DUI charges in California involve a complex interplay of legal principles and factual determinations. Understanding the concept of “actual physical control,” knowing the relevant case law, and employing effective defenses are critical components in successfully navigating these charges. Given the serious consequences of a DUI conviction, seeking the assistance of an experienced DUI attorney is essential to protect your rights and achieve the best possible outcome.

Citations

  1. California Vehicle Code § 23152(a)-(b).
  2. Mercer v. Department of Motor Vehicles, 53 Cal. 3d 753 (1991).
  3. People v. Garcia, 77 Cal. App. 4th 1269 (1999).