As a defense attorney at Steven George Law, I often encounter questions about the nuances of DUI laws in Arizona. A common scenario that arises is whether an individual can be charged with a DUI (Driving Under the Influence) while simply sleeping in their car. This question is more complex than it might seem, and being aware of the legal landscape can help individuals protect their rights.

Understanding the DUI Law in Arizona

Arizona has some of the strictest DUI laws in the United States. The law clearly defines what constitutes operating a vehicle under the influence of alcohol or drugs. One key point to understand is that a person does not have to be driving a vehicle to be charged with a DUI. The language of the law specifically states:

It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances. . .

This means that you can be charged with a DUI for either driving or being in actual physical control of a vehicle. The question then becomes, what does it mean to be in “actual physical control” of a vehicle? As is the case with most other areas of the law, it turns out it is not so cut and dry. To shed light on making the determination of whether a person is in actual physical control of a vehicle or not, Arizona courts have designed factors that a jury can look at in deciding this.

The overarching goal of evaluating the factors is to answer the question: “was this person a danger to themselves or others?” Juries are instructed to look to the circumstances of the specific situation. For example, some important thigs to look at are:

Was the engine on?
Was the a/c or heater on?
What was the temperature outside?
Where was the individual seated?
What position was the seat in?
Where was the vehicle parked?
Is there any indication from the person as to their intentions? (to drive or not to drive?)

This list is suggestive—not exhaustive. The jury can really consider anything that they’d like that will help them determine whether the individual was just trying to take safe harbor and sleep it off, or if the person intended to ultimately drive and put folks in danger. Remember, the end inquiry is: was this person a danger to themselves or others?

Possible Defenses Against a DUI While Sleeping in Your Car

If you find yourself facing a DUI charge for sleeping in your car, several defenses could be employed to contest the charges.

Lack of Intent:
- Demonstrating that you had no intention to drive the vehicle while intoxicated can be a strong defense. Evidence such as your car being parked safely and you being in a proper sleeping position may support this argument.
No Physical Control:
- If you were not in a position to move the vehicle, such as sitting in the back seat, this may help establish that you weren’t in physical control of the vehicle. Or, the vehicle was inoperable for whatever reason.
Unlawful Detainment:
- If the officer did not have probable cause to approach your vehicle or detain you, any evidence gathered after that point may be inadmissible in court.
Proving Sobriety:
- If there’s a lack of evidence showing that you were under the influence at the time law enforcement found you, this could work in your favor as well.

Remember, every person who is arrested is presumed innocent until proven guilty by the government. It is not up to you to prove your innocence. It is up to the government to prove your guilt. The lack of the existence of these actual physical control factors can be used in the courtroom, and also during negotiations with the prosecutor.

The Consequences of a DUI Conviction in Arizona

The consequences for a DUI conviction in Arizona are severe, ranging from mandatory jail time and hefty fines to the possibility of losing your driving privileges. A second or subsequent DUI can lead to even harsher penalties. For a third or subsequent offense within seven years, a person is subject to felony prosecution. Given this potential fallout, legal representation is invaluable.

Hiring a DUI Defense Attorney

Being charged with a DUI while sleeping in your car can be a frightening experience, and the potential consequences are serious. It is essential to understand your rights and the unique factors that may influence your case. Factors such as your location, intent, and the specifics of the interaction with law enforcement play a crucial role in how these cases are evaluated.

At Steven George Law, we are prepared to provide you with the resources and legal expertise needed to navigate your DUI case. Don’t risk your future by facing these charges alone. A strong legal defense can make all the difference.

If you find yourself in this situation, do not hesitate to reach out to Steven George Law. We are here to help you understand your options, defend your rights, and advocate for the best possible outcome.

Why You Should Hire Steven George Law

If you or someone you know is facing DUI charges in Arizona, it’s essential to have experienced legal representation. At Steven George Law, we understand the complexities of DUI laws and work tirelessly to defend our clients’ rights. Here are several reasons to consider hiring us:

Expertise in Arizona DUI Law:
- Our legal team has extensive experience specifically in Arizona DUI cases, which allows us to understand the nuances of the laws that may affect your situation. We stay updated on the latest legal precedents and strategies to give you the best possible defense. Steven Scharboneau is not only a defense attorney, but a skilled lobbyist who helps make Arizona’s criminal and vehicular code more fair.
Knowledge of the Legal Process:
- Navigating the legal system can be daunting. We will guide you through every step of the process, from arraignment to the end, ensuring you fully understand your rights and options. You won’t have to face this alone, even after your case is over. We will stick with you.
Building a Strong Defense:
- Steven will analyze the details of your case, including police reports, witness statements, and evidence gathered during your arrest, to construct a solid defense strategy tailored to your circumstances. We emphasize identifying weaknesses in the prosecution’s case against you.
Negotiation Skills:
- Often, DUI cases can end in plea bargains. We possess strong negotiation skills to potentially reduce charges, minimize penalties, or work towards alternative sentencing options. Our goal is to achieve the best outcome for your case.
Commitment to Client Advocacy:
- At Steven George Law, we are dedicated to vigorously defending our clients. We believe in providing personalized attention and support throughout the legal process, making sure your voice is heard in the courtroom.
Reputation in the Community:
- We have built a strong reputation within the Arizona legal community and among former clients who appreciate our professionalism and commitment to justice. Testimonials from clients often speak to the successful outcomes we’ve achieved and our compassionate approach.

Frequently Asked Questions DUI Questions

Can you get a DUI for sleeping in your car while intoxicated?

Yes, Arizona law allows DUI charges in such situations, especially if you’re considered to have “actual physical control” of the vehicle.

What does “actual physical control” mean?
It means you have the ability to operate the vehicle, even if you’re not actively driving.

How Can a Sleeping Person Be “In Control” of a Parked Vehicle?

In Arizona, you can be considered in “actual physical control” of a vehicle even if you are asleep. Factors that may lead to a DUI arrest include:

Keys in the ignition: If your keys are in the ignition, you are legally deemed in control of the vehicle, even if the engine is off.
Position in the car: Sleeping in the driver’s seat makes it more likely that police will consider you in control.
Vehicle location: If the vehicle is parked on a public road or other high-risk areas, officers may infer intent to drive.

Do DUI laws apply on private property?

Yes, Arizona’s DUI laws apply to private property, including parking lots and driveways.

The Role of Circumstances

Police also consider whether the sleeping individual drove the car to its current location while intoxicated. Here’s an example to clarify:

Example 1: John and Sarah go out for drinks in Old Town Scottsdale. John realizes he’s too drunk to drive, so he sleeps in the backseat of his car in the parking lot of Scottsdale Fashion Square Mall with his keys stored in the glove compartment. It’s less likely that police would arrest John, as there’s no evidence he drove intoxicated or intended to drive.
Example 2: Sarah, however, drives several miles before realizing she’s unfit to continue. She pulls into the McDonalds on Hayden Rd and East Indian School and falls asleep in the driver’s seat. Even if her keys aren’t in the ignition, police might presume she drove intoxicated to that spot and could arrest her for DUI.

What should I do if I’m charged with a DUI while parked?

Contact an attorney immediately. Legal counsel can help protect your rights and build a defense tailored to your case.

Can I fight the results of a BAC test?
Absolutely. Errors in testing equipment or procedures may provide grounds to challenge BAC results.

Contact us today for a consultation, and let us stand by you during this challenging time. Your defense is our priority!

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Can You Get a DUI While Sleeping in Your Car in Arizona?