The Umansky Law Firm

A 19-year-old Illinois teen who had too much to drink at a Madison, Wisconsin Dave Matthews Band concert decided not to drive home. He made the wise decision. However, this decision was to sleep in the car in the parking lot of the concert venue. Since he felt he was in no shape to drive home, he again made the wise decision. A short time later, he was awoken by a state trooper who told him he had to move his car since the lot was being cleared.

The teen left the parking lot and was immediately stopped and arrested for drunken driving. He was found guilty and ordered to spend 60 days in jail.

The teen tried to argue that the authorities used entrapment. They knew he was sleeping off intoxication, but made him drive out of the lot. At the court trial, the state successfully argued that those who choose to get drunk cannot argue entrapment after they’ve been stopped for driving under the influence.

The 2nd District Court of Appeals disagreed with this ruling and also found that it was wrong the teen did not get to argue entrapment by the police. The appeals court said, “Drinking alcohol to excess, while inadvisable and unhealthy, is not unlawful by itself.”

So, for doing the right thing, a young man was about to spend two months of his life in jail. While many people choose not to drive after having too much to drink, some do. However, if those who choose to sleep it off in their vehicles are made to drive by the police and then arrested, it would seem the authorities have gone too far and forgotten that part of their motto, which is “to protect.”

The teen was admittedly drinking under age, but he was not doing anything wrong by sleeping in his vehicle. If anything, perhaps the state trooper could have offered the teen a ride somewhere else – or just let him sleep it out there in his car.

In situations like this, it is important that you hire an experienced DUI lawyer who can get this thrown out or at least brought to a minimal charge. There is no reason anyone should spend one day behind bars if they were trying to avoid driving drunk.

If you have been arrested and charged with DUI in the Orange County or Orlando, Florida area, or anywhere else in the state of Florida, please contact the experienced DUI attorneys at the Umansky Law Firm. We offer a free and confidential consultation.