My friend was contacted by a police officer while in his running car passed out and eventually was charged with a DUI.

Question

My friend was contacted by a police officer while in his running car passed out and eventually was charged with a DUI.

Anonymous Aug 22, 2013 3 views 3 answers

I'm no attorney, but I was doing some research. Under 60-6,196 Nebraska DUI states "It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle". He was obviously not in actual physical control of his motor vehicle. Does he have a case?

Brendan Kelly · Accepted Answer · 2026-06-15T10:44:56+00:00

Being passed out in the front driver's seat is considered actual physical control. Having said that he still may have a case for having discovered he was too drunk and waiting for a ride home. Have him get a lawyer to help.

Tregg Robert LunnDebt Collection AttorneyLincoln, NE · Accepted Answer · 2026-06-15T10:44:56+00:00

Tregg Robert LunnDebt Collection AttorneyLincoln, NE

Tregg Robert LunnDebt Collection AttorneyLincoln, NE · Jun 15, 2026

Your friend should see an attorney. You read the statute, but its caselaw that will define physical control.

0 upvotes

Jasen Nielsen · Accepted Answer · 2026-06-15T10:44:56+00:00

Does he have a case? Well, he's facing DUI charges, so yes. His chances of winning that case are significantly higher with a locally experienced defense attorney fighting for him. Most if not all will offer a free consultation, and some will charge fair prices with reasonable payment plans. Good luck. Jasen Nielsen

My friend was contacted by a police officer while in his running car passed out and eventually was charged with a DUI.

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