Legal Question in DUI Law in Montana

Drunk driving if sleeping in a car

Is it possible that a person over the age of 21 can get a Driving under the influence if the person is sleeping in the backseat of their vehicle?

Such as, if a person was too intoxicated to drive and wanted to sleep in his car.


Asked on 2/24/04, 11:24 pm

1 Answer from Attorneys

Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Drunk driving if sleeping in a car

Yes, it is possible to be given a citation for DUI with that fact pattern. Some officers would do that. It is an altogether different question as to whether or not you could be convicted of a DUI with that fact description. It is possible, but not likely, in my opinion. There are a lot of variables here that affect the outcome. If this is your case, don't plead guilty. Get a lawyer who is knowledgeable and experienced in DUI defense. Good Luck!!

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Answered on 2/25/04, 12:16 pm


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