fell asleep. A cop later tapped on my windshield, probably smelled alcohol on my breath, and arrested me for DUI. I wasn't driving though. Can they do this?
You have a defense but it's difficult and depends on many other factors such as weather, time, engine on and hot etc... Even if not driving they can prove intent to operate based on the facts but generally this is a good defense so you should definitely hire an attorney in this field who knows what they're doing to defend you in this case.
