No. You may not pull over to the side of the road and sleep off a DUI. You don't want to be anywhere near your car. It is called "Actual Physical possession" and most people don't realize it. Even if the keys are in the bushes and you are asleep in the back seat — you are guilty of DUI. But ... at The Law Office of J. Patrick Nelson, PC we have found a defense to "Actual Physical Possession" that has been quite successful. Our criminal defense attorneys have employed a necessity of shelter defense, and we have won many jury trials with the necessity defense.
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