Answer:
Possibly. If the government can prove that you drove while impaired, an OVI charge may still be pursued. Even without proof of driving, being in the driver’s seat with the keys while under the influence may support a physical-control charge.
Sleeping in a vehicle does not automatically resolve an OVI investigation. The location and surrounding evidence may allow the government to argue that the person drove while impaired before stopping.
For example, a vehicle found at a traffic light or in a drive-through can present different evidence from a person who decided not to drive at all. The question is what the government can prove about operation.
Even when driving cannot be established, a person in the driver’s seat with the keys while under the influence may face a physical-control accusation. The video advises avoiding the driver’s seat when choosing to rest rather than drive.
Client
Testimonials
Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
