Can you legally get a DUI while sleeping?

I was sleeping in my car in the parking lot when I woke up to a flashlight shining in my face. I was then arrested for DUI. Is this legal?


Yes you can legally get a DUI/ DWI criminal charge for sleeping in a vehicle. Whether you are guilty of DUI/DWI while merely sleeping in your vehicle will depend on the law of the State where you were arrested. State laws vary regarding this issue (“control”). It’s critical to consult with a licensed and experienced DUI/DWI criminal defense attorney from the state having jurisdiction over the criminal matter.


Answered by Lawyer Salim A. Khayoumi in Albuquerque, NM on June 10, 2011 | Answer Applies to: New Mexico | Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice.

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