A Florida defense lawyer has advice for you to avoid trouble if you ever need to sleep off a night of drinking in your car.
The lawyer, Andrew Simko, racked up over 2 million views with his TikTok video.
It gives instructions to anyone who may need to rest in the car after a night of drinking.
The ‘proper’ way to sleep off a night of drinking
Simko first explained that you don’t have to be driving to get a driving under the influence (DUI) charge.
“If you’re in the driver’s seat with your keys on you and you had too much to drink, an officer can write you up for DUI,” he said. “Just for being in your front seat and having physical control of your motor vehicle.”
He also argued that just pulling over and sleeping off a night of drinking may get you in trouble.
“It is a good idea but the thing is it still a way to get a DUI,” he continued.
Then he offered up tips for staying out of trouble if you land in that scenario.
First, he recommended going in the back seat of the vehicle.
He also suggested putting the keys in the trunk or outside of the car.
“And I would make it so an officer cannot say that I had the ability to drive the car,” he said.
How serious is a DUI?
Driving under the influence is a serious offense.
According to the National Highway Traffic Safety Administration, it can result in serious charges.
They range from misdemeanors to felony offenses.
Penalties for driving under the influence can also lead to losing you license and expensive fines and legal fees.
A first-time offense can cost about $10,000 in fines and fees.
With good reason.
In 2022, 13,524 people died in vehicles because a driver was alcohol impaired.
Commenters respond
In the clip’s comments section, many thought the law was too stringent.
“This law is just insane. If I’m not driving, how can you give me a driving under influence ticket? They just make things up at this point,” wrote one user.
Others questioned whether or not it would be a good idea to leave the keys for a car outside while sleeping.
“What city do you live in that you would recommend going to sleep in your back seat and leave your keys outside the car? Sounds dangerous lol,” one person wrote.
“I’m not putting my keys outside of the car,” a second user agreed.
Others offered additional tips.
“Also, if you have a steering wheel club, lock it onto your steering wheel, as it emphasizes that you have zero intention to drive,” wrote one user.
@floridadefenselawyer Sleeping it off in your car can get you into a lot of trouble. Make sure to do this if you have to sleep in your car after a wild night. #criminaldefenseattorney #duiattorney #floridadefenseattorney ♬ original sound – Florida Defense Lawyer
The Daily Dot reached out to Andrew Simko by email for comment.
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