DUI after drinking and sleeping it off in your vehicle?
Its closing time at the bar. You drank too much. On one hand, you say to yourself: “Don’t drive”. Then you say: “I’ll just sleep it off in my car”. You get in your car; put your seat back and go to sleep. Next thing you know you’re awakened to a tapping on your driver’s side window. At your window is a human like figure and a bright light shining in your face. At first you think, alien encounter, and you’re about to be abducted. Well, you’re half right, you are about to be abducted or arrested by a Police Officer. The Officer asks you to exit the vehicle. You open the door, step out, stumble. The Officer detects the distinct odor of alcohol emitting from your breath. You have slurred speech, bloodshot eyes and fail the field sobriety test. The Officer searches you pursuant to your arrest and in your pocket are the car keys. You’re found to be in control of the vehicle even though the car wasn’t being driven, nor had it been started.
Adams v State 697 P2 622 (Wyo 1985)
Schouboe v WYDOT, 238 P3 1246 (Wyo 2010)
Best call Joe Bustos.