Charged with DUI for sleeping while drunk in a vehicle: If you were not in care and control we can get the charges dropped or acquitted.

If you weren't sleeping in the driver’s seat or the vehicle was immovable the Crown may not have a very good case.

DUI related charges can be beating in court if the accused was not in care and control of the vehicle. Just simply being drunk in a car is not enough. If this were the case nobody would be able to take a taxi home after drinking. Canadian DUI law focuses on whether or not the accused was in care and control of the vehicle.

Sleeping in the driver’s seat

Being in the driver’s seat drunk does not guarantee a person is in legal care and control of a vehicle, but it is the worst possible place to be found drunk in a car.

Ontario courts have found that a person could, while drunk and asleep in the driver's seat, possibly put a vehicle in motion. If the keys to the vehicle are nowhere near the accused or it is otherwise immovable you are arguably not in care and control. The court will assess whether you could move the vehicle either intentionally or unintentionally.

Ideally, if you are drunk you should not be alone in a vehicle at all. Doing so leaves you vulnerable to false allegations by third parties claiming they saw you driving (maybe they don't like you). If drunk and alone in a vehicle you should never be in a position where it is possible for you to set the car in motion.

People who camp and do other things involving alcohol in their vehicles are taking a risk. If you are charged, give us a call for help. Care and control cases are never black and white or open and shut. It is always up to the judge whether you were in care and control or not.

In care and control DUI cases, the more difficult it is for you to move the vehicle the better.

If someone gets drunk in an RV/bus they could get charged for DUI if the police believe they were in care and control. Each sleeping in the car DUI case is different, but there is often room to argue no care and control. Even if you were found by the police sleeping in the driver’s seat with the engine on there may be other problems with the case we can use to get you off.

You will get charged even though you were trying to do the right thing by sleeping it off and not driving drunk.

Being charged with a DUI does not necessarily make you a bad person. You may have pulled over and slept with good intentions, but Ontario police will charge you anyway. Care and control cases usually have triable issues and there may be problems with the Crown's evidence.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with impaired driving throughout all of Ontario, Canada.

Have a skilled criminal lawyer who focuses on defending DUI charges protect you and your future from the consequences of a criminal record.




Are you a lawyer? If you are defending a impaired driving related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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