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Posted: 1/26/2010 5:25:28 PM EDT
I've ended up in the situation (in the past), where I had to sleep in my car while intoxicated. I knew that I was well above the legal limit, and I chose not to drive. In all of my drunken wisdom, I placed my keys in the fenderwell of my car, thinking that this would prevent me from getting a DUI. I remember being told that as long as you don't have possession of the keys you're good.

As I've matured, I don't plan on being in this situation again, but shit happens.

Is this legit, or could I still have gotten busted?


Link Posted: 1/26/2010 5:27:51 PM EDT
[Last Edit: 1/26/2010 5:28:00 PM EDT by sprayandpray]
Originally Posted By RedDogSoldier:
I've ended up in the situation (in the past), where I had to sleep in my car while intoxicated. I knew that I was well above the legal limit, and I chose not to drive. In all of my drunken wisdom, I placed my keys in the fenderwell of my car, thinking that this would prevent me from getting a DUI. I remember being told that as long as you don't have possession of the keys you're good.

As I've matured, I don't plan on being in this situation again, but shit happens.

Is this legit, or could I still have gotten busted?




50 states have 50 different DUI laws, My guess is your answer changes by state
Link Posted: 1/26/2010 5:27:54 PM EDT
[Last Edit: 1/26/2010 5:28:16 PM EDT by Kalahnikid]
I thought it was just the keys couldnt be in the ignition?

What state are you from?
Link Posted: 1/26/2010 5:28:51 PM EDT
You know what pisses me off and yes I realize it's still illegal, but.....

When I am at the bar, get drunk, call for a ride, leave my car on the street, and find a ticket on the window the next day. As if all the other cars parked there were sober people. It's like being punished for being somewhat responsible. I guess a ticket is cheaper that a DUI though.
Link Posted: 1/26/2010 5:28:52 PM EDT

Originally Posted By Kalahnikid:
I thought it was just the keys couldnt be in the ignition?

What state are you from?

Texas.
Link Posted: 1/26/2010 5:29:15 PM EDT
safest bet would be to swallow the keys, torch the car, and sleep in the ditch.
Link Posted: 1/26/2010 5:30:53 PM EDT
Originally Posted By 1Andy2:
safest bet would be to swallow the keys, torch the car, and sleep in the ditch.


Nope....arson and/or criminal mischief/vagrancy/trespassing (depending on ownership of said ditch)/public intox....
Link Posted: 1/26/2010 5:31:31 PM EDT
Don't swerve.
Link Posted: 1/26/2010 5:33:10 PM EDT
Originally Posted By RedDogSoldier:
I've ended up in the situation (in the past), where I had to sleep in my car while intoxicated. I knew that I was well above the legal limit, and I chose not to drive. In all of my drunken wisdom, I placed my keys in the fenderwell of my car, thinking that this would prevent me from getting a DUI. I remember being told that as long as you don't have possession of the keys you're good.

As I've matured, I don't plan on being in this situation again, but shit happens.

Is this legit, or could I still have gotten busted?




Take a cab. Seriously. It's not worth the risk of what a DUI conviction entails. Take a fucking cab.
Link Posted: 1/26/2010 5:33:56 PM EDT
Don't know but something still tells me that you can be charged with something like public intoxication. Officers will be curious and wonder how you got into the vehicle, where the keys are, etc.

I know a person who was charged with something like "drunk while parking or in a parked vehicle" in Ohio. I'll have to call him and find out exactly what it was some day. Similar situation to what you described but of course, that was in Ohio not Texas.
Link Posted: 1/26/2010 5:34:17 PM EDT
I think if your keys are not in the ignition and your not seated behind the wheel you are ok ...keys in your pocket sleeping in back seat ok
Link Posted: 1/26/2010 5:34:37 PM EDT
Link Posted: 1/26/2010 5:34:54 PM EDT
Don't drink/drive =NO DUI
Link Posted: 1/26/2010 5:36:08 PM EDT
Originally Posted By storminnorman:
Don't drink/drive =NO DUI


Not so good with the reading comprehension huh?
Link Posted: 1/26/2010 5:36:40 PM EDT
Originally Posted By RedDogSoldier:

Originally Posted By Kalahnikid:
I thought it was just the keys couldnt be in the ignition?

What state are you from?

Texas.


Willie Nelson could answer this question for you.

Oh wait, wrong drug
Link Posted: 1/26/2010 5:37:09 PM EDT
My lawyer buddy has told me on numerous occasions that if I ever had to sleep in my car because I was intoxicated to always make sure that no matter what I never slept in the drivers seat. Its tough to prove your intention to drive the vehicle if youre not in the drivers seat.
Link Posted: 1/26/2010 5:37:24 PM EDT
Originally Posted By BlueCrusader:
Originally Posted By 1Andy2:
safest bet would be to swallow the keys, torch the car, and sleep in the ditch.


Nope....arson and/or criminal mischief/vagrancy/trespassing (depending on ownership of said ditch)/public intox....


Link Posted: 1/26/2010 5:37:54 PM EDT
Originally Posted By mdw:
I think if your keys are not in the ignition and your not seated behind the wheel you are ok ...keys in your pocket sleeping in back seat ok


it should be this way but i have heard of a guy getting in trouble for just opening his car. as if he was planing on driving (thought police much?)

its sad that even though you are trying to do the right thing they still want to screw you for some revenue.
Link Posted: 1/26/2010 5:38:19 PM EDT
Fuck DUI laws and Fuck MADD.

A bunch of god damned neo-prohibitionists.
Link Posted: 1/26/2010 5:39:34 PM EDT

I usually pull over and sleep on the top of the car.
Link Posted: 1/26/2010 5:40:38 PM EDT
Link Posted: 1/26/2010 5:40:50 PM EDT
Duh, not a rocket engineer here so maybe it would be safe to say

Dont drink and drive?

maybe this decision is above my pay grade


Link Posted: 1/26/2010 5:40:55 PM EDT
How bout dont drink and drive. 100% chance of not getting a DUI. Problem solved.
Link Posted: 1/26/2010 5:41:08 PM EDT
Heres one:

Your drunk, car doesn't have keyless entry. So you open the drivers door to unlock the back door. Just after putting the key in the door lock your arrested for DUI?

The laws are fucked thats for sure. If your not driving, then they shouldn't be able to get you for DUI.
Link Posted: 1/26/2010 5:42:32 PM EDT
Lock yourself in the trunk?
Link Posted: 1/26/2010 5:43:03 PM EDT
It depends on the state, the arresting officer and the prosecuting attorney.

Safest bet? Don't sleep in your car if you've been drinking. Take a problem and turn it into a non-issue.
Link Posted: 1/26/2010 5:43:24 PM EDT
I tend to drink at home if I am going to.

That said, I keep camping gear in the back of the truck.
Link Posted: 1/26/2010 5:43:36 PM EDT
A friend of mine got a DUI for doing the same thing. Didn't even have the keys on him (or in the fenderwell). They were in the house.
Link Posted: 1/26/2010 5:44:24 PM EDT
Originally Posted By BDeauman:
It depends on the state, the arresting officer and the prosecuting attorney.

Safest bet? Don't sleep in your car if you've been drinking. Take a problem and turn it into a non-issue.


Zero cash, the bar is closing, and you don't really feel like sleeping in an alley.
Link Posted: 1/26/2010 5:46:55 PM EDT
Step 1: Buy van
Step 2: Put couch / bed in the back of said van.
Step 3: Drive van to bar
Step 4: Drink
Step 5: Go to sleep in van, get a suprisingly decent nap
Link Posted: 1/26/2010 5:46:57 PM EDT
Originally Posted By jmhat98:
How bout dont drink and drive. 100% chance of not getting a DUI. Problem solved.


Wrong
Lot's of people have gotten DUI's that were not drinking.
Lot's of people have gotten DUI's that were not driving.
Says a lot for the system.
Link Posted: 1/26/2010 5:47:01 PM EDT
Originally Posted By BlueCrusader:
Originally Posted By RedDogSoldier:
I've ended up in the situation (in the past), where I had to sleep in my car while intoxicated. I knew that I was well above the legal limit, and I chose not to drive. In all of my drunken wisdom, I placed my keys in the fenderwell of my car, thinking that this would prevent me from getting a DUI. I remember being told that as long as you don't have possession of the keys you're good.

As I've matured, I don't plan on being in this situation again, but shit happens.

Is this legit, or could I still have gotten busted?




Take a cab. Seriously. It's not worth the risk of what a DUI conviction entails. Take a fucking cab.


That's what I did this weekend. I'm sure I could have made it home, but the risk wasn't worth it.

Paid about $40 for a cab ride home, then had my wife bring me back to my truck the next afternoon. Slight pain in the ass, but no where near what a DUI would have been.

Link Posted: 1/26/2010 5:47:12 PM EDT
Originally Posted By HiramRanger:
Originally Posted By ffsparky26:
Fuck DUI laws and Fuck MADD.

A bunch of god damned neo-prohibitionists.


As someone whose father killed two parents and left five kids orphans... seriously, shut the fuck up. DUI is not something to be dismissed as inconsequential.


As someone who extricated the body of a woman (she died in the vehicle as we were extricating here) out of a vehicle the day after Christmas (She was going to go get batteries for he kids toys) who was hit by a drunk driver and left 4 kids motherless, I say fuck DUI laws and MADD.

Link Posted: 1/26/2010 5:47:22 PM EDT
Originally Posted By TracyBird:
Originally Posted By BlueCrusader:
Originally Posted By 1Andy2:
safest bet would be to swallow the keys, torch the car, and sleep in the ditch.


Nope....arson and/or criminal mischief/vagrancy/trespassing (depending on ownership of said ditch)/public intox....






Possibly aggravated mopery with intent to gawk as well.
Link Posted: 1/26/2010 5:47:57 PM EDT
Originally Posted By RedDogSoldier:

Originally Posted By Kalahnikid:
I thought it was just the keys couldnt be in the ignition?

What state are you from?

Texas.


Where at? A lot of the time you'll still get hooked for public intoxication. I wouldn't arrest someone for DWI for sleeping it off in their car. PI, maybe depending on the situation.
Link Posted: 1/26/2010 5:48:06 PM EDT
dui should be legal,only on a unicycle with one pedal and a crowd
Link Posted: 1/26/2010 5:48:40 PM EDT
Originally Posted By CTF250:
Duh, not a rocket engineer here so maybe it would be safe to say

Dont drink and drive?

maybe this decision is above my pay grade




Reading the entire OP certainly is.

Link Posted: 1/26/2010 5:49:16 PM EDT
depends on the law of your state. in MS it's "driving or otherwise operating" a vehicle so I think not. in AL it's "drive or be in actual physical control" of a vehicle. just sitting in one drunk doesn't make it a dui, although on the AL example having the keys and being in the driver's seat i guess could be argued to be control. pretty easy to do a search for the dui statute in your state and find out.
Link Posted: 1/26/2010 5:49:46 PM EDT
Depends on the state. Cold car, Keys in the glove box and sleeping in the back seat you are probably safe in every state. Keys in the ignition, engine running, sitting in the drivers seat slumped over the steering wheel you are probably going to jail in every state. The devil is in the details.
Link Posted: 1/26/2010 5:50:24 PM EDT
Originally Posted By Thatdude333:
Step 1: Buy van
Step 2: Put couch / bed in the back of said van.
Step 3: Drive van to bar
Step 4: Drink
Step 5: Go to sleep in van, get a suprisingly decent nap


In some states you are probably still DUI, especially in northern climates when one might freeze to death if they tried that without the engine running for heat.
Link Posted: 1/26/2010 5:50:37 PM EDT
IN Wyoming that would not get you a DUI unless the officer is going for the Governor's DUI award.

Once I got a little too drunk to drive and decided to sleep off my earlier libations. I grabbed my sleeping bag out of my truck, put all the keys inside my cross bed tool box and slept on the tool box. Thats where the SO found me the next morning. By then I was sober enough to drive and the deputy just laughed. That was 91. Now I would somehow be an intox ped or something.



Link Posted: 1/26/2010 5:51:04 PM EDT
Buy an RV
Link Posted: 1/26/2010 5:51:17 PM EDT
[Last Edit: 1/26/2010 5:54:46 PM EDT by fla556guy]
Originally Posted By HiramRanger:
Originally Posted By ffsparky26:
Fuck DUI laws and Fuck MADD.

A bunch of god damned neo-prohibitionists.


As someone whose father killed two parents and left five kids orphans... seriously, shut the fuck up. DUI is not something to be dismissed as inconsequential.


I doubt that he is dismissing DRIVING while INTOXICATED.

I believe what he is saying is that MADD and DUI laws are overly harsh and cast a net that is much wider than it needs to be. We have taken the route that if you have had a beer and are near a car that you are assumed guilty of possibly thinking that you might drive home if you sneezed in the right direction.

I believe driving while intoxicated (the actual act) should lead to a DUI conviction. However, being responsible and NOT operating a vehicle no matter if you are in the car or not, keys or not should not be an offense.
Furthermore the levels of "intoxication" don't allow you to smell a beer before you are "intoxicated."

I am sure that if MADD et. al. had it their way, being in a car at all (even a cab) and having had a smell of a drink would be a DUI. Walking past a car that wasn't yours nor do you have the keys for, and is locked would lead to a DUI. The problem for them is that now that they have these laws passed, they have achieved their goal to stiffen the penalty. What do they do now? What purpose do they serve? They can only press for stiffer penalties, lower limits, etc if they want to stay relevant. Otherwise they will fade away and die.

Sorry, but responsible laws are needed. If you want to try to ban drinking, just ban it already....oh wait...we tried that.

Link Posted: 1/26/2010 5:51:42 PM EDT
[Last Edit: 1/26/2010 5:52:48 PM EDT by Dave_A]

Originally Posted By RedDogSoldier:
I've ended up in the situation (in the past), where I had to sleep in my car while intoxicated. I knew that I was well above the legal limit, and I chose not to drive. In all of my drunken wisdom, I placed my keys in the fenderwell of my car, thinking that this would prevent me from getting a DUI. I remember being told that as long as you don't have possession of the keys you're good.

As I've matured, I don't plan on being in this situation again, but shit happens.

Is this legit, or could I still have gotten busted?



It varies by state.

In some cases, keys just can't be in the ignition.

In other cases, they can't be within reach, and you can't be in the driver's seat....

And in some states, you had just better not be drunk in a public place, period.
Link Posted: 1/26/2010 5:51:51 PM EDT
Originally Posted By TXGunnersM8:
Originally Posted By RedDogSoldier:

Originally Posted By Kalahnikid:
I thought it was just the keys couldnt be in the ignition?

What state are you from?

Texas.


Where at? A lot of the time you'll still get hooked for public intoxication. I wouldn't arrest someone for DWI for sleeping it off in their car. PI, maybe depending on the situation.


Yes , cause all laws should be shitty , as long as MOST cops selectivly enforce them all is well in the world.....

I am FUCKING AMAZED at the number of times I see this arguement here......
Link Posted: 1/26/2010 5:52:26 PM EDT
All you people saying take a cab. Not everyone lives in a place that has cabs nor would I really want to.
Link Posted: 1/26/2010 5:52:49 PM EDT
call my DO or CC for a ride

But really, always have a plan and a back up plan, you could always call the local PD and tell them you are too drunk to drive and ask for a ride home.
Link Posted: 1/26/2010 5:53:06 PM EDT
[Last Edit: 1/26/2010 5:54:37 PM EDT by Dave_A]

Originally Posted By poke4570:
All you people saying take a cab. Not everyone lives in a place that has cabs nor would I really want to.

Then drink at home. Or find a sober friend who will take you to the bar, play pool & then take you home....
Link Posted: 1/26/2010 5:53:32 PM EDT
[Last Edit: 1/26/2010 5:54:08 PM EDT by sprayandpray]
Originally Posted By poke4570:
All you people saying take a cab. Not everyone lives in a place that has cabs nor would I really want to.


Well then , you should just never drink.....

Bars should be outlawed anywhere without cab service...
Link Posted: 1/26/2010 5:54:38 PM EDT
Link Posted: 1/26/2010 5:55:19 PM EDT
Originally Posted By Dave_A:

Originally Posted By poke4570:
All you people saying take a cab. Not everyone lives in a place that has cabs nor would I really want to.

Then drink at home.


Or have a designated driver. Or call a tow truck. Seriously if your area doesnt have cabs i bet they have tow trucks which can get you and your car home safe.
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