Legal Question in DUI Law in Arizona

Hi,

I am 27 year old female who recently got a dui for being asleep in my car in a walgreens parking lot. It was about 4 in the morning, I was on my way home from the animal hospital as I was helping some friends tend to their sick cat. I decided to pull off the road as my eyes were literally closing while I was behind the wheel. I dozed off with my heat on (it was still cold out when this happened), and was woken up by two police officers. They took me out of the car out of a dead sleep after not being asleep for almost 24 hours, asked me to do their tests, and submit to a breathalyzer. I did all these as I do not drink. He saw a bottle in my purse, and eventually grabbed it out of my belongings, and gave me impaired to the slightest degree dui/ drugs, because he had nothing on me. It was for a bottle of soma. I am a cancer patient in remission, and I take oxycontin, xanax, percocet, and soma, all of which will be in my urinalysis. I was not high, or messed up, I was simply tired. Now they put me under arrest and placed me in the back of their patrol car, and without asking me, they began to go through my whole car and my trunk. I would like to know how this is legal. I have read Arizona V Gant, and now I am being told my car was being "inventoried". They were not writing anything down, they were searching my car for illegal things, not writing down all the things that were in my car, and from what I know you must have a warrant to enter the trunk if you don't have consent. Can someone please help me with this? Thanks so much!


Asked on 6/01/10, 4:59 pm

1 Answer from Attorneys
Howard Snader Law Office of Howard A. Snader

You have two issues: To convict of a DUI, the State must prove you were impaired at the time you were driving OR at the time you are in physical control of the vehicle. In your case, the car was running and you were sleeping in it. The issue will boil down to a jury trial and convincing the jury you were either not impaired, or had no intent to drive.

The second issue regarding the search appears to not be a real issue. If you were arrested, they can inventory the vehicle before towing. I would argue that they should not have gone into the trunk, but unless ALL the medications were located in the trunk, it really won't help.

I have defended hundreds of DUIs. Depending on the court, my fees can range from about $5,000 to $10,000. Please review my website and give me a call.

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Answered on 6/02/10, 8:37 am


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