I was sleeping in the driver seat of my car parked on the side of the road when the officer knocked on my window. I took all the tests and blew a .16. I'll be checking this posting very frequently to reply to any questions! Thank you from the bottom of my heart.
I have NEVER been arrested for anything in my life before and was not driving when caught. I'll take ALL the useful advice I can get. Thank you everyone.
Because the minimum mandatories on a DUI with a blow over .15 are draconian even without jail time, you should definitely consult with an EXPERIENCED DUI attorney in your area. The legal theory that the State is proceeding under is called "actual physical control." Without discussing the facts of your case in this forum, you need to know that depending on where the keys to the vehicle were located, where you were located, whether you made any statements, when you were arrested relative to when certain information was obtained/discovered by the police, all have a bearing on whether you can be convicted of DUI.
The minimum mandatory penalties for a first DUI with a blow over .15 include supervised probation, up to one year, $1,000 fine, 6 month DL suspension, installation of an interlock device on your vehicle (or any one you regularly drive - and this will be necessary BEFORE DMV will ever give you your license back), 50 hours of community service, 10 day vehicicle impoundment, as well as court costs.
If you have no prior record, first time offenders "usually" do not face jail time with a plea. However, there is a chance that a prosecutor could ask for jail due to the enhanced blow, for example. Your best bet is to talk to an attorney in your area to see if there may be some defenses to the charge and help you avoid jail time.
tephen Andrew MoscaCriminal Defense AttorneyJacksonville, FL ·
In my opinion, the State Attorney should give people like you an award for not driving but trying to sleep it off instead. Alas, that is not how the law reads here in Florida.
Mr. Epifanio is correct, you should be offered the minimums, if even the enhanced minimums that go along with a high blow, but it is unlikely that you will be sentenced to any jail time. However, to protect yourself, and to be fully aware of your options you should consult with an attorney prior to doing anything other than pleading not guilty.
Were your keys in the ignition? Was your vehicle operable? Were you parked in a safe area? Did you open your window and speak to police voluntarily? Did you perform field sobriety exercises? Is there a video of the encounter? All of these factors could play into a defense or a subsequent decision to go to trial instead of taking a plea, or even to an offer to plea to something less than DUI, like a reckless driving.
Consult with an experienced DUI attorney in your area and good luck.
Even though you weren't driving, you were in "control" of the car and that is why they charged you. I had a client a couple of years back who was charged with a federal DUI because he was drunk and asleep in his car parked in the everglades. If you plea, the state should offer you the first minimums which does not include jail time. I would need to know more facts to determine if you have a viable defense should you want to challenge the charges.
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.
