Sleeping in a parking lot

[Robert Norbert]

i live in peshtigo wi. i was sleeping in a parking lot with my large golden retrever. i work a straight midnight shift. after work one morning i went to pick something up from a friend 45 miles away from my house. we had some beers and i was to tired to drive home. i was sleeping in the parking lot when i was arrested for owi. the keys were in the ignition but the vehicle was not running. i blew a .12 breathalizer. can i be charged for owi when i wasn't or had no itentions of driving?

 

[HomeGuru]

Yes.

 

[Robert Norbert]

is this a cut and dry conviction?

 

[HomeGuru]

It would not be if your dog was sleeping in the drivers seat and you were in the passenger seat. Then you could claim that your dog was the designated driver.

 

[HomeGuru]

I heard that there was a recent case in Maryland whereby the driver got off after being arrested for DUI when he was actually sleeping in the car.

Have your attorney look it up. It may get you off free.