DUI or Drug Arrest While You Were Asleep
Police find a man asleep in a car on the side of the road and arrest him on suspicion of DUI. They find another man sleeping on the sidewalk next to a used syringe and several bottles of pills and arrest him for drug possession. Both men remain unconscious throughout their arrest, transport, and booking, waking up the next morning in jail cells. You may wonder if this is legal and how the prosecutor can prove crimes were committed if the men were asleep.
DUI Arrest While Asleep
Even sitting in a car while under the influence of alcohol or drugs, or both, could lead to arrest for driving under the influence. Oklahoma law prohibits actual physical control (APC) of a motor vehicle while intoxicated or impaired. Actual physical control extends beyond driving a car. You face arrest for DUI if police find you sleeping in a car while drunk with the keys in your pocket. In contrast, if you are sleeping outside the car, it is locked, and you do not have the keys, you are more likely going to be charged with being drunk in public.
The prosecutor does need to prove that you had physical control of the vehicle. It could be helpful if you could show through witness testimony that you could not operate the vehicle – maybe it was broken down and inoperable, or maybe you did not have the keys.
Drug Arrest While Asleep
In the example given above, the arrestee who slept next to a pile of drugs and paraphernalia will have the defense that the drugs were not in his possession. Prosecutors will need to show that these were the defendant’s drugs, set down by his side before he fell asleep. Merely sleeping next to drugs is not a crime.
During the arrest and booking of both men in the example, the fact that they were asleep could make a difference in their cases. Of course, these men would want to ensure that police did not question them while they were half-conscious and that they get read their Miranda rights while they are awake. They will want to locate witnesses who can support their side of the story, since they cannot testify to most of it themselves. The DUI arrestee should determine when and how police took a breathalyzer or a blood sample to check his BAC.
In both situations, the men should secure legal representation to protect their rights and develop the defenses described above.
To learn more about defenses for people charged with DUIs and drug crimes, seek out the local attorney who cares about seeking the best outcomes for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, is familiar with the system and how prosecutors develop their cases. Schedule a case evaluation by visiting Patterson Law Firm online or calling Clint’s office at (918) 550-9175.