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Will I get convicted of a DUI if I was sleeping in my car in my driveway and I was drunk?

I had a long night at the bar and made it home safely but when I parked the car and turned it off, and took out the keys from the ignition, I fell asleep. I woke up because an officer was tapping on my drivers side window. He had me get out of the car and do the tests which I did not pass all of them. I did a breathalyzer but don't know what I blew and he took me to jail. I got out on bail and got a court date but so can I really be convicted of this if I wasn't driving the car anymore?

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    R. Jason de Groot | R. Jason de Groot, P.A
    R. Jason de Groot, P.A
    Deltona, FL 32728-5775
    (386) 337-8239
    There are many cases with similar fact patterns. The essence of the crime is that you were in actual physical control of the car while you were impaired. This does not to be the case in your facts. They usually need to have a witness testify that you were driving the vehicle.
    Answer Applies to: Florida - Replied: 2/27/2013
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