Here's a DUI story about a man trying to do the right thing. Most people don't realize that in many states, pulling safely off the road before a police officer contacts you is not enough. In fact, there are thousands of DUI prosecutors each year in the United States where the person is asleep in a parked vehicle.
Typically, it is the persons ability to move the vehicle that matters, although different states treat actual physical control laws differently. Florida DUI Law has an actual physical control statute.
Here's an excerpt from the story:
Man admits he is drunk but refuses to prove it | admits, crestview, drunk - News - Northwest Florida Daily News: "‘Well, I pulled over here so I wouldn’t go to jail because I’m drunk,’ he told the officer when awakened and asked if everything was alright.
He was asked to take the keys out of the ignition and get out of his GMC. The man smelled of alcohol, slurred his speech so much that the officer could not understand him and had to use the bed of his truck to balance himself and continue standing.
Sounds like the guy was very drunk and trying to do the right thing.
The major problem that we have with this sort of prosecution is that it sends the message to drunk drivers that if you are already on the road, you might as well try to make it home because you're going to get arrested if you pull safely over and try to sleep it off.