eric g johnson law
Experienced Criminal Defense
  • Home
  • Attorneys
    • Eric G. Johnson
    • Rachel W. Bays
    • Eric M. Whitehead
    • Staff
    • Client Testimonials
  • Cases We Handle
    • Appeals & Post-Conviction Relief
      • Criminal Appeals
      • Post-Conviction Relief
    • Arson and Criminal Mischief
    • Assault and Battery
      • Aggravated Assault and Battery
    • Criminal Expungement
      • Louisiana Expungement Laws
    • Domestic Violence
      • Domestic Abuse Battery
      • Protective Orders
      • Violation of Protective Order or TRO
    • Drug Offenses
      • Drug Possession
        • Cocaine Possession
        • Drug Possession with Intent to Sell or Distribute
        • Heroin Possession
        • Marijuana Offenses
        • Meth Possession
        • Possession of Date Rape Drugs
        • Prescription Drug Offenses
      • Drug Trafficking
      • Drug Court
    • DUI/DWI
      • DUI Defense Strategies
      • DUI with a CDL
      • Refusing DUI Tests
      • Repeat DUI/DWI Offender
      • Underage DWI
      • Vehicular Homicide
    • False Imprisonment
    • Juvenile Offenses
      • Juvenile Sex Crimes
      • Minor in Possession of Alcohol
    • Public Intoxication
    • Resisting an Officer
    • Sex Offenses
      • Carnal Knowledge of a Juvenile
      • Child Pornography
      • Online Solicitation of a Minor
      • Pimping and Pandering
      • Prostitution
      • Rape
      • Sexual Battery
      • Video Voyeurism
    • Stalking
    • Theft
      • Burglary
      • Credit Card Fraud
      • Identity Theft
      • Robbery
      • Shoplifting
      • Welfare Fraud
    • Traffic Violations & CDL Licenses
      • Hit and Run
      • Reckless Driving
    • Violation of Probation
    • Violent Crimes
      • Murder
      • Manslaughter
    • Weapons Offenses
    • White Collar Crimes
      • Embezzlement
      • Money and Asset Forfeiture
      • Money Laundering
      • Tax Fraud and Evasion
  • Areas We Serve
    • Bossier City
    • Caddo Parish
    • Claiborne Parish
    • Bienville Parish
    • De Soto Parish
    • Lincoln Parish
    • Ouachita Parish
    • Natchitoches Parish
    • Sabine Parish
    • Shreveport, LA
      • Shreveport Drug Defense Attorney
      • Shreveport DWI Lawyer
      • Shreveport Theft Lawyer
    • Monroe, LA
      • Monroe DWI Lawyer
    • Ruston, LA
    • Tallulah,LA
  • Recent Cases
  • Blog
    • FAQ
  • Contact Us
passed out in car after drinking

Can I Get a DUI for Sleeping in a Parked Car While Drunk?

June 20, 2019Eric G. Johnson

When you’re out with friends and had too much to drink, many know that driving drunk in the state of Louisiana is illegal. As a solution, some decide to just sleep off their drunkenness in their car and drive home the next morning. While this practice alone can create complications, what many don’t realize is that merely sitting behind the wheel is also grounds for arrest, depending on the circumstances.  

Louisiana Guidelines for Drunken Parking

Like several other states, Louisiana law enforcement can charge a DUI/DWI offense if the driver is in the vehicle and has the keys. Possession of the keys is a gray area that relies on other circumstances surrounding the driver’s physical situation. 

For an officer to charge an individual with a DUI while in a parked car, the location of the driver, the vehicle, and the keys will determine if there’s enough evidence for an arrest. An assessment of the entire situation determines if the motorist actually operated the car or was in control of it while drunk. If the driver was in a situation where driving away was easy, this poses a threat to public safety, and a jury may find them guilty of DUI. 

Awake or Sleeping Doesn’t Matter Much

Louisiana looks at the totality of the drunk driving situation when determining probable cause or conviction in DUI cases. A driver being asleep or awake doesn’t matter as much as some of the other factors involved that can increase the likelihood that a drunk driving offense has occurred. The position of the driver in the car or the location of the keys often play a significant role in determining guilt. 

The Driver’s Location in the Car

The focus of the driver’s proximity to the ignition of the vehicle is essential when determining operation or control. This is the main reason juries convict defendants for drunken driving when sitting in the driver’s seat. 

Location of the Parked Vehicle

Juries need to know where a defendant parked the car to understand if it was in motion or had just stopped when law enforcement showed up. If a driver parks in the driveway of their home, it’s possible to avoid conviction, but if the car was on a sidewalk, in the middle of a highway or on the shoulder of a back road, this might damage defense efforts.

Where are the Keys?

In this age of new ignition technology, the location of the keys or the sensor to start the engine can be critical to an individual’s case. Again, if the keys are not in an easily accessible location, that could convince the jury that there was no danger of the driver operating or controlling the vehicle while drunk. For those who left their keys in their pockets, on the passenger front seat, or in the glove box, it won’t go over well in court. 

Running the Car Engine

Discovering a drunk driver with their engine running is never a good position to be in during a DUI trial. A running engine indicates that a simple changing of gear and push on the gas pedal has the intoxicated driver moving on the road and endangering lives. Rarely will the location of the driver in the vehicle get factored into deliberations. A driver who sleeps in the backseat but leaves the car running to avoid freezing in frigid weather might convince a jury there wasn’t any danger of driving away. 

Seasoned DUI Attorneys in Louisiana

Your freedom and future are at stake when charged with a DWI/DUI in Louisiana. If you tried to sleep off a few drinks before going home, and an officer accused you of drunk driving, contact a seasoned Louisiana DUI attorney right away. 

Attorney Eric G. Johnson has vast experience in trying intoxicated driving cases, and he’s extremely knowledgeable about which legal strategies are the most effective in handling your case. Because Eric has tried so many felony and misdemeanor cases in Louisiana’s courts, his representation also ensures no violations of your constitutional rights will occur. He has more than 25 years of experience defending DUI and other alcohol-related cases throughout Louisiana. Call 318-225-8092 for a free and confidential consultation or request more information online.

Recent Posts

  • What Are the 3 Tiers of Classification for Sex Offenders in Louisiana?
  • How Can a DUI Affect Your College Career
  • What Is Rising Blood Alcohol Concentration?
  • Top 3 Ways a DWI Can Negatively Affect Your Life
  • What Information Becomes Public After Registering as a Sex Offender in Louisiana?

Archives

  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017

Practice Areas

  • Appeals And Post Conviction Relief
  • Louisiana Murder Defense Attorney
  • Criminal Defense
  • Criminal Expungement
  • Domestic Violence And Protective Orders
  • Drug Offenses
  • DUI And Vehicular Homicide
  • Louisiana Sex Offenses Attorney
  • Traffic Violations And CDL Licenses
  • White Collar Crimes

Contact Us

Attention: While this website provides general information, it does not constitute legal advice
John D. & Eric G. Johnson Law Firm, LLC
LinkedIn
Yelp

John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
national association of criminal defense lawyers
lsba
criminal defense attorney louisiana
2018 top rated lawyer

John D. & Eric G. Johnson Law Firm, LLC
415 Main Street,
Minden, LA 71055

Areas Served: 
 Serving the entire State of Louisiana including Minden, Ruston, Monroe, Shreveport, Bossier City, as well as Caddo, Webster, and Ouachita parishes.
Ⓒ 2020 Eric John D. & Eric G. Johnson Law Firm, LLC. Privacy Policy. Legal Website Powered by Market My Market