LAWYER: Can You Get a DUI Sleeping in the Back?

[@Tb0n3]

Charging somebody with OUI for sleeping in the back of their vehicle because there's the possibility that they could be driving at some point is like charging somebody who is carrying a gun with murder because there is a possibility that they could shoot somebody.

[@johnswanson3741]

You need to realize that DUI and related drinking violations feed the system, and your mom thinks it is great to get all these drunk drivers that may kill her little daughter off the road! Every ticket creates work for the court system, creates lawyer fees, alcohol evaluation departments, AA or MAAD classes, and the jail system. That is one tickets worth of support for this gov'ment!

[@richwightman3044]

Your gun analogy is actually what they are trying to accomplish.

[@heithwatkins]

​@@richwightman3044Exactly

[@James-dq3jo]

I can’t help but imagine that there could be some “totality of circumstances” factors that come into play here. So if you are in a campground and it’s raining, maybe you had a couple beers and the heater was running because it was chilly. But you had a sleeping bag & a pillow all rolled out in the back. Most of these factors indicate intent to spend the night where it’s warm and dry, instead of intent to drive. But if the car is off to the side of the road sort of haphazardly and you are passed out, even if you did everything “right” that might be hard to defend because the circumstances indicate that you likely drove there while impaired.

[@aebalc]

In these cases I blame the jury - The jury is supposed to be citizens watching out for other citizens against abuse from the government. Jury trials are the one check and balance citizens have against government over reach in the justice system. Jury members need to follow their own belief in right or wrong and not blindly follow the law as the judge will instruct. Jury nullification is a beautiful thing.

[@zappyeats2579]

I have seen a guy at the bar waiting for an uber get arrested for public intoxication. Sitting on a bench not bother anyone. Police can really arrest anyone for anything.

[@Andrewflusche]

Yes, indeed. It's insane.

[@Milesco]

Yeah, I saw that on the Civil Rights Lawyer's channel. Technically he wasn't arrested for being drunk, per se, but rather for refusing to identify himself. However, he wasn't reasonably suspected of committing any crime, so the cops had no right to demand his ID. The guy was released a few minutes later, but it was still an outrageous violation of the guy's civil rights. I don't know if he is pursuing legal action, but he should. It would be a slam dunk.

[@anonnymowse]

@@Milesco Police like to quote the nonexistent law that they can make you identify yourself just because they ask.

[@zappyeats2579]

@@Milesco oh yes, the major crime of failure to show papers. Civil-rights lawyer and Andrew are the best channels

[@coolraul07]

​@@MilescoI saw that, it was fucking ridiculous! That guy was doing the responsible thing, but the coppers want those schweet promotions and M.A.D.D. awards! Kept asking for his ID and saying dumb shit like, "How do I know you're waiting for a ride share?" Simple, Sherlock... either wait to see whether one arrives, or ask to see the rideshare order in the app (which the victim offered to do multiple times)! How... the fuck... would his driver's license indicate whether he was waiting for a rideshare? These "brain surgeons" think that your ID is an omniscient soothsayer! It can not only tell them what you're doing right now, but also what's in your heart/mind, and what you'll do in the future.

[@Milesco]

If I'm on a jury, never in a million years would I convict somebody of a DUI under those circumstances. No way, no how.

[@TheMelnTeam]

I'd hang/force a mistrial if I couldn't convince the others. It would take some effort not to audibly react to the idiocy of the judge's instructions about what "operating" means, but in the interest of not screwing an innocent person, I'd try to save that for the jury discussion rather than doing anything that calls the judge out. But that would take effort.

[@Milesco]

@@TheMelnTeam Totally 100% agree. 👍 😊

[@selfdo]

​@TheMelnTeam Just don't tell the judge that. They do NOT like "jury nullification", and WILL punish a jury that doesn't render the desired verdict

[@richwightman3044]

If I’m on a jury, I will assume the cops are lying about everything.

[@werefrogofassyria6609]

@@selfdo Legally, they can only ask if the verdict is your verdict. They can't ask you why your verdict is what it is. If they didn't prove the case beyond the doubt you have, you vote not guilty. It's not jury nullification, it's that the prosecution didn't prove their case.

[@Milesco]

This is why laws that criminalize "sleeping it off" are are not just unfair and unreasonable, they're *_bad public policy._* Such laws actually *_encourage_* drunk driving! 😡

[@blah2blah65]

Also bad PR for the police. If you don't want to be viewed as an organization that regularly abuses power, don't arrest people for doing what is good for society. Sleeping rather than driving drunk = good. I double-checked my math.

[@Milesco]

@@blah2blah65 Unfortunately, I don't think the police give a damn about being perceived as an occupation that regularly abuses its power. After all, they do it all the time. And yet the police enjoy an enormous amount of undeserved respect and prestige from the general public, who put them on a pedestal and call them "heroes". Civilians often refer to cops as people who "risk their lives every day", even though that is not the case at all.

[@jbc175]

@@FirstLast-hs4gw probably all good advice. It seems wrong that it’s not necessary what laws you did or didn’t break that gets people punished, but sometimes wether or not you upset the officers. Even when unfounded, you may beat the charge, but you won’t beat the ride (which can cost thousands and include jail time).

[@heithwatkins]

​@@FirstLast-hs4gwI think you should be arrested because in my opinion you seem unable to control your violent tendency.

[@heithwatkins]

​@@jbc175Iam personally afraid of Firstlast cop. He's already stated he almost killed someone by punching them severely. I believe the public is in danger of crossing him and potentially being killed, or maimed. And just like getting the wrong cop, I believe he needs the wrong citizens to lock him up in a mental institution. Then send him to anger management and force feed him Xanax. Then if he can ever re enter civil society. He should be handcuffed while in public. It's more important for all of our "Safety" than for a violent cop to run free on our streets.

[@ralph4657]

I sat on a jury in Virginia where someone was arrested for sleeping in the driver’s seat while drunk for two hours while the engine was running (to heat the car cabin) A local McDonalds had called the cops because they were worried about the occupant. The cops had to bang on the window with nightsticks to wake him up. We decided the facts showed that he was drunk and he was on public property. The third criteria was, is he in control of the vehicle? I argued that he can not be controlling the vehicle if he is stopped and sound asleep. We were also instructed that we could not consider how he got to the parking place. We were a hung jury with 4 voting for not guilty and 2 for guilty. As a side note, we wrote a note to the judge saying that we were also having a hard time convicting someone that realized he was drunk and did the right thing, pulled off the road and went to sleep it off. The judge replied and she said “that is exactly the purpose of the jury system, to look at all the circumstances in the case when coming to a decision.” That solidified my decision of not guilty.

[@DarkWolfsDen]

Sounds like it could have been a perfect case for "Jury Nullification". "He violated the letter of the law but we think that law itself is flawed in not allowing for an exception in these type of cases and therefor he should not be punished" Thing is no judge or prosecutor will tell juries that jury nullification is an option (they like to make you think guilty/not guilty are the only options) and defense attorneys are generally barred from mentioning it. en.wikipedia.org/wiki/Jury_nullification

[@ralph4657]

@@DarkWolfsDen thank you that interesting link on Jury Nullification

[@ambiarock590]

@@DarkWolfsDen They will not tell you about it because they can't, but Jury Nullification will always be with us in a fair system because Jury Nullification is not _in_ the law but exists as a logical consequence of two other laws that must exist in a fair system: 1) The jury cannot be punished for a "wrong" decision no matter what the evidence suggests. The point of a jury is to be the final decider, and 2) a non-guilty defendant cannot be charged again for the same crime so once someone is determined non-guilty that decision cannot be changed.

[@frequentlycynical642]

Uh.... McDonald's would be private, no public property.

[@shineOn_75]

That is a perfect example of "jury nullification." Beautiful.

[@jasonshults368]

It used to be widely understood that the law has a written component (the letter of the law) and a value component (the spirit of the law). Every law is an infringement on liberty. There has to be a value that is gained from that infringement. To criminalize people attempting NOT to drive while impaired by alcohol is a mark of tyranny, and should be aggressively challenged, by any and all means, in my opinion.

[@waaynneb1808]

YES! Exactly how I believe as well. ..like when a cop pulls you over for not using turn signal, but there is no other traffic around to see that turn signal (other than the cop lurking parked in a lot near that intersection) there's no real infraction other than the "letter of the law" - which was put into place to give OTHER traffic warning of your intended action(s).

[@jasonhaynes2952]

Agreed! And this is part of the reason law enforcement doesn't get the respect that they used to back in the day. I believe it starts with training at the academies, where they're just teaching future cops that every interaction is a fishing expedition, and to find ways to charge people with crimes...spirit (or intent) of the law be damned! Frankly I think they need to include morals and ethics and PR in the academies. Also, we need to spread the word about jury nullification.

[@richeyrich2203]

Aggressively challenging. The position of these laws is highly expensive. Most people can’t afford the lawyer, that will help fight the good fight against tyranny.

[@mystdragon8530]

@@waaynneb1808 well, there’s an infraction because if you can’t follow the rules of the road you may be DUI or even worse you could be under duress and trying to signal the cop.

[@carnivoreisvegan]

I lived in an RV for many years. The truck is that if you pull all the curtains and they can't see you, they can't prosecute you for anything, unless you are parked illegally. Don't answer if they knock and don't let them see you. Above all, park legally so you're not towed while in the back. And for goodness sake, turn off your phone notifications.

[@epic-playlists]

Great tips...why turn off the notifications? Seems like it would take a lot of self control not to answer (especially if you're RVing with your family!)

[@carnivoreisvegan]

@@epic-playlists I mean audible ones. If they hear your phone notifications, or see your phone light come on around the curtains, they might then believe you're inside.

[@neowolf09]

Hide cower and submit. Welcome to authoritarianism.

[@carnivoreisvegan]

@@neowolf09 I could have tried fighting the law every night, but it seemed easier to just pull some curtains

[@thetexassaint6571]

🏆🥇

[@applejacks971]

Verdict is in: Laws are written to be as vague as possible to give cops the most power over a citizen trying to do the right thing. No good deed goes unpunished...

[@sue2019]

Most laws that were vague were thrown out.

[@nuclearmedicineman6270]

Drive a car = DUI. Sleep it off in the car = DUI. Leave the car and walk home = Public Intoxication. Call an Uber and wait for it = Public Intoxication. Sleep it off on a park bench = Loitering. Hide in the bushes until sober = Someone calls 911 over a suspicious person = Disorderly Conduct, Hindering, Obstruction, Resisting Arrest.. whatever the cops can pile on because "we got a call", and when they get a call, someone's catching a beating and getting arrested. ..the logical choice is driving, it's the least amount of exposure.

[@neowolf09]

"cause finally the tables are starting to turn" - Tracey Chapman

[@srobeck77]

If your breaking the law, vast majority of the time, theres "no good deed" thats occurring. Be real here.....

[@MingTheMerciless-xs5kb]

This is jim crow conservatism, this is why women in conservative states are dying unnecessarily!

[@55azguy]

Sorry I spoke to a person and was arrested for DUI and she was sitting in her back seat . She had called a Uber and was waiting for it . While she was being arrested the uber driver pulled up and started to call her name. The officer told her he didn’t care she possessed the keys to her car. I can tell you of 3 other bizarre cases in Arizona. The stories would knock your socks off.

[@anonnymowse]

Cops love to show how powerful they are which is why they become cops.

[@jamesgallagher9876]

Did she get convicted though?

[@johnswanson3741]

And Cops wonder why so many people HATE them!

[@richwightman3044]

That’s the kind of cops we have now. Petty little tyrant cowards. Too afraid to interact with actual bad people so they pick on little girls or people they think will not resist.

[@brettstarks1846]

I mean, it is Arizona (no offense). No bad cop story out of that state surprises me anymore.

[@Atomazersky]

Arizona is ridiculously aggressive when it comes to DUIs. There were 4 college students, one of which was the DD coming home from the bar. They stopped at the gas station and DD went inside leaving the keys in the car so the others could listen to music. Police arrested all 3 passengers for DUI.

[@squidleyskidley]

I got a DUI sleeping it off I’m the passenger seat! Engine wasn’t on, but the radio was.

[@PNW_Sportbike_Life]

@@squidleyskidleythis is nuts

[@PNW_Sportbike_Life]

AZ cops are known problems

[@EffdaBlx]

Thats not aggressive that's malicious

[@kensingtonchapp4819]

Correct. I live in Flagstaff and personally know people who received DUIs for sleeping in their back seats. Not only that, we have a DUI to the slightest degree clause where you can be well under the legal limit, even 0.01% or less but receive a DUI for ANY minor traffic infraction even if intoxication was not a factor in the violation, such as one inoperative tail light.

[@Yeah-its-me]

I haven’t had any alcohol in 24 years. I know that 25 years ago in Texas, it was a matter of whether or not the keys were in the ignition. People were driving home drunk vs sleeping it off in their cars first (those, who had nowhere else to go). The reason people did this, was out of fear of being discovered while sleeping it off and being arrested for DUI even though they weren’t actually driving. It got to the point where cops would stake out bars and clubs watching folks come out drunk and see which cars they got into without driving away, and target them. So people just said screw it and chanced driving home anyways. (Over zealous aggressive cops were making it much worse) So to help stop that, the law was passed or amended to state that if keys were in the ignition, that constituted operating the vehicle. Keys on the floorboard constituted not operating the vehicle. I don’t know if laws have changed since then. But for it to have been considered driving , and the DUI charge stick, the operator had to be in the drivers seat, AND making the vehicle move under its own power. This actually did lower the amount of drunks driving home after 2am. And it made it so folks that had too much could be responsible without fear of being targeted by aggressive cops. Back then, for reference for younger folks, there were no GoPros or cameras everywhere. There might’ve been 2 camera phones, total, on the market. So it was almost always cops word vs citizens word…and that almost never ended well for the citizen. You HAD to have an expensive lawyer, if you were gonna have a chance at being acquitted. Nowadays, you can simply record everything and that’s what gets the charges dropped. Cameras are much much cheaper than lawyers.

[@Milesco]

This is why laws that criminalize "sleeping it off" are are not just unfair and unreasonable, they're a *_bad public policy._* Such laws actually *_encourage_* drunk driving! 😡

[@SSNRadi0]

The constitution also lied to the american people and im exposing it too.

[@Dano420]

its a case of If i'm going to jail for the DUI I might as well do the DUI

[@Milesco]

@@Dano420 *Exactly.* If you're gonna catch a DUI anyway, just for sleeping in your car, you might as well go ahead and drive home.

[@help4343]

@@Milesco Except for the little fact that you can't get into an accident if your sleeping it off.

[@Norm-R]

DUI laws in our country are insane. No one should be driving while drunk, but the thought of being able to get a DUI while trying to do the right and safe thing is insane. At that point, the law is basically saying it would rather the person try to make the 10 minute drive home as its far less likely they get pulled over than a few hour nap in the car where someone might see you and call the police or the police might just be routinely patrolling. We are literally incentivizing people to do the more dangerous and dumber thing. No wonder DUIs are out of control in this country.

[@burke615]

My thoughts precisely. It's almost like it's a revenue stream rather than a public safety issue. I'm all for public safety, especially given that I almost never drink so this issue doesn't affect me personally, but why have a system that punishes someone for choosing not to drive while drunk?

[@alansloan7784]

Protecting the public from drunk drivers isn't the real issue: thats the excuse used. The real purpose is two-fold. (1) stealing money/property/freedom from people who aren't a threat to themselves or others, using bad 'laws' to accomplish these thefts-by-government-decree. (2) Using such 'legal' fraud to control/intimidate/punish as many victims as possible, in order to terrorize citizens into compliance with tyrants profiting from such scams. "When the government fears the people, there is liberty. When the people fear the government, there is tyranny."

[@neilcampbell2222]

It's crazy that you don't do roadside screening breath tests like the rest of the world does. Pass the test and sent on your way. The 5th Amendment forces police to do field sobriety tests to try to get evidence to get a warrant for an alcohol test.

[@montezuma6962]

Breaking news.... Law makers don't give a sh** about your safety.

[@hime273]

​@@burke615When the Government talks about Public Safety, they aren't talking about the saftey of the Citizens. Think of the word Public as in the way the Government separates everything into (Public vs Private) Public= Everything Government Public Servants, means Government Servants. We aren't the Public, Government is the Public.

[@kamaeq]

In Florida, back about 1980ish, sleeping it off in the vehicle while sitting in the passenger seat with the keys in the glove box was a positive defense vs DUI since you did not have possession of the keys and were not in a position to operate the vehicle. Keys in pocket or readily accessible or in driver's seat got you a DUI. Got away with it a few times back then, but then cops weren't trained to be enemy combatants and treat civilians as POWs without any legal rights.

[@noanyobiseniss7462]

I pulled over 2am in the middle of nowhere after going to a keg party back in the 80's because I realized I was to drunk to drive. I woke up with a state trooper knocking on my window with his flashlight. He asked me what I was doing and I told him I was to drunk to drive last night (It was 7:30am at this time) so I pulled over and crashed. He told me "Smart, are you good to drive now?" I said yes and he let me leave. I wish all cops were like that guy.

[@srobeck77]

You should have gone to jail. Now slap yourself for being stupid and don't do that again because you were wrong, not right to have driven halfway home to begin with.

[@dansanger5340]

Since there is so much confusion, it seems like it would make sense to add a "safe harbor" provision to DUI laws to provide a safe and legal way to sleep it off in your vehicle.

[@Crashphoenix666]

"in control of the vehicle" is what gets you. Also "Don't be a jerk". Had a friend years ago arrested for DUI because he was getting stuff out of his car at the bar. I was his sober ride. Cop was in the next parking lot. Soon as my buddy leaned in, the cop drove over, lights going. NO keys in the ignition. Luckily my buddy didn't blow or say much other than he wasn't driving and had a ride home -pointing to me. Aggressive a-hole cop, coupled with some not nice things from my buddy about the cops parental lineage and sexual preference resulted in arrest. I was threatened with arrest as well for hollering from my car. The typical "we'll find something". In the end, the somewhat blurry B&W security vid from the bar helped get my buddy off (cop lied and said he was behind the wheel of the car and driving), but it still cost him around $5200 at the time for the attorney, court fees, etc. Still amazes me that when found not guilty, the accused has to pay court costs.

[@johnswanson3741]

It's all a jobs plan for the gov'ment and lawyers

[@brianmaloney45]

Here's the hack I used in my younger (single) days when I might decide that my best interests included sleeping in the back seat of my car after a night out. Laws generally state that you have to have "control" of the vehicle. What I did a few times when it was a better idea to spend the night in my car than drive home was I would find a spot down the road somewhere to hide my keys such as in a shrub, under some leaves, etc and sleep it off in the back seat. This way, if a nosy cop wanted to know why some guy was sleeping in a car and I'm obviously hammered, it would be pretty tough for a prosecutor to prove I was "in control of the vehicle" when they never found the keys. I'm not an lawyer, but I'll risk my freedom on this approach.

[@warpfrenzy]

This is what I was going to say. Make sure the keys are no where to be found. Really hard to argue you could do anything if the keys are missing entirely.

[@barfy4751]

Hide them under the hood

[@edwardthompson9981]

In BC Canada the police can arrest you for dui up to 3 hrs after you drank. Leave the bar drunk and someone reports you at 10 pm. They can haul your ass out of your home by 1 am for dui. It gets tricky if you went home and continued drinking.

[@jackuzi8252]

I just posted this same thing before I read your post. If you're going to sleep it off in a bar parking lot, stick the keys/starter fob under a bush or something.

[@weldabar]

If you want to take a nap in your vehicle, you cannot have your keys inside the vehicle at all in some states. If you put your keys outside the vehicle (far enough away) then police will have a very difficult time trying to claim that you could potentially operate the vehicle. In my state, if you have your keys and you're even in the proximity of your vehicle you can be arrested. So unlocking the vehicle to do the above must not be done in sight of an officer.

[@LilT2o00]

While I did beat it (florida) they treid to give me DUI on a pedal bicycle (said no thanks to the field sobriety and breathalyzer). They did suspend my license for a year for the refusal, but I don't even own a car anyways lmao. Wasn't giving them free evidence when I don't even drive to begin with

[@TheKingOfInappropriateComments]

The People's Republic of Florida..... Thats's where I got my first traffic citation at age 14......... On a bicycle.

[@TeinMustang]

Someone relatively recently got charged with a DUI here in Florida for operating their wheelchair while intoxicated!

[@1mikewalsh]

I know a man who got a double D u I riding a bicycle in florida. He's riding a bicycle because obviously he'd been drinking, But he was riding at smoking a joint! And rode past a police officer on a bicycle going the other way.... 1) Don't mess around on the panellas trail, Absolutely do not be in largo florida!

[@Average_American0]

If your license was suspended you didn't beat it

[@100forks]

I once observed a van, off the side of the interstate, so I stopped to investigate. I found the driver slumped over the wheel and ended up arresting the him for DUI. At the trial, his defense attorney stated that his client, realizing that he may have had too much to drink and had deliberately pulled off the interstate to sleep it off. Therefore, since I had not seen him driving and it was not against the law to pull off the side of the road, I had no right to arrest him. At this point, I advised the court that he had driven off the interstate, down a 50 foot embankment and ended up in a swampy area. He was asleep, slumped over the steering wheel, the engine was still running, the transmission was in gear and the rear wheels were turning. The defense attorney looked at the judge and said no further questions.

[@kristoffergroves90]

he obviously drove far from the road so no drunk drivers would hit him, he left the engine running so he could have AC, and he left the tires spinning so the burning rubber would scare the gators away. you cops really can turn anything into a crime.

[@EffdaBlx]

​@@kristoffergroves90hes lying

[@EffdaBlx]

You don't know if the operator who landed the vehicle in the ditch is the same one you saw

[@crearley]

So what's next ? You're at home past out in your bed and the car is in the garage, but you still have the keys in the house and could get back in the car any second. Arrest him officer !

[@barrywhite6060]

I used to be a truck driver and the school I went to to get my CDL said that as long as you're not in the driver's seat then you're fine. He also said to get in the truck on the passenger side and not the driver's because cops will watch you get in and as soon as you sit in the driver's seat they'll get you.

[@russellhobart3089]

It's not a home it's still a commercial vehicle and you're in possession 😮

[@barrywhite6060]

@@russellhobart3089 For many truck drivers it is their home they live on the road, what do you think those trucks with super sleepers are for, they cost as much as a house, so yes it is their home and cops know that, they're just being d*cks about it because they can. Which the school warned us about also.

[@notusedexer]

The obvious answer is to lock the keys in the truck where the keys can be seen by the office and sleep in the back cab of the truck. Then next day, while sober, find the emergency key under the truck to open the door. Similar of sleeping in the car/truck portion. Lock the keys in the glove box and tell the officer your keys are lost. Later, when sober, use the emergency key under the car to get inside the glove box. If you're ever prosecuted for this, you can make a good faith statement that you forgot the emergency key that was on the car ever since you got the car since you've never had to use before. Plausible deniability.

[@iamnotafraid]

That's smart and might work, I'm not denying that. But having to do so much mental gymnastics and thinking about every single little thing to this extent is absolute madness. The laws we have are ridiculous and unreasonable.

[@srobeck77]

I think you outsmarted yourself here. It could be a prosecutor that could have broken the window to get the keys and drive away. You could just go bury the keys in a dirt hole. Or better yet, instead of all this premeditated planning like some sort of serial killer, how about just call an Uber if youve drank too much, ya? Seems like alot more sane thing to do.

[@notusedexer]

@@srobeck77 I don't drink.

[@srobeck77]

@@notusedexer Then you dont need to dream up all these loopholes to circumvent the law anymore, ya?

[@notusedexer]

@@srobeck77 circumvent the law? Bullshit! The law is the one that's ridiculous. I'm a free man. We are endowed by our Creator with certain unalienable rights. The ridiculous law is the problem. I am giving solutions.

[@larrykent196]

Not how is used to be, America had police officers who could tell when someone needed help, seeking shelter or was DUI, these days it's a crime jay walking they go over the top. Good stuff to know, thanks for sharing. Best is don't drink and drive, take a cab, uber, friend, party down knowing you used the seven p's proper prior planning prevents piss poor performance. Great topic, Cheers! 🍻

[@jayfrank1913]

In the "old days" people were often arrested for Vagrancy, which just means being in a jurisdiction without any money or a job. In some places these laws are still on the books, but rarely enforced. Cops went over the top all the time in the 20th Century. Do you remember "sunset laws" where being in a town after sunset while having a certain skin tone was a crime? There were also "blue laws" which prohibited various activities on a Sunday.

[@importsstillsuck]

​@@jayfrank1913those days were still better.

[@jayfrank1913]

@@importsstillsuck Agree to disagree.

[@autoteleology]

@@importsstillsuckFor stuck up pricks, maybe. Way to tell on yourself.

[@tedfort1698]

​@@importsstillsuckYou're saying that because you're naive, privileged, and uncaring.

[@TheKingOfInappropriateComments]

I'd love to say I don't drink so I have nothing to worry about, but the sad truth is it doesn't matter. As you pointed out, if they want to arrest you for something, they'll find something to arrest you for.

[@BeerIndependence4All]

This was a question in my "You and the Law" class back in high school... around 1980. A guy left a bar at closing time and was too drunk to drive. Problem was, it was freezing cold outside... as in actual snow and ice. So he started the car in the parking lot, turned on the heater, and got in the back seat to sleep it off. He got a DUI. Everyone in the class was outraged because the man did everything he could to NOT drive while intoxicated... but just didn't want to freeze to death. If judges had some common sense.... *sigh* Never mind.

[@tomeauburn]

A friend of a friend had this happen to him in Chattanooga. He was trying to do the right thing. It motivated him to become a lawyer

[@mystdragon8530]

Probably a warm weather state.

[@wahtoneguitars8793]

I got one in ND. APC/DUI, actual physical control. I was in 500 ft of my vehicle with my keys with a BAC over .08. I had the potential to drive drunk is what they told me. Ruined my life for over a year.

[@johnswanson3741]

Reason to HATE cops!

[@srobeck77]

This reeks of details being ommited. Somehow you called attention to yourself by threatening others or sexually harassing women in the area. Even then, sounds like you should have gotta lawyer to fiight the DWI part of it and just been charged with disorderly conduct.

[@wahtoneguitars8793]

@@srobeck77 wtf are you talking about. Apparently my stereo was too loud and they "got a call". Don't assume!

[@srobeck77]

@@wahtoneguitars8793 so exactly like I said: you were stupid and called attention to yourself. On top of that, other details you conveniently left out (I can already tell your that guy) you told the cops "I know my rights!!! Fuck you coppers!!!!"

[@AzraelThanatos]

@@srobeck77 Late in the month and quotas in some areas.

[@Kapomafioso]

This is ridiculous. If I can get DUI without actually driving a car, can I be charged with driving without a driver's license the same way? Imagine a dad, mom and three kids pulling up to a gas station and the dad (or both dad and mom) goes inside to buy something, leaving kids waiting in the car, with the key in the ignition (so the AC/heat stays on). A cop rolls by - can he arrest the kids for "driving without a driver's license" (never mind underage driving)? When I was a kid and my father ran out to get something he'd tell me to move in the driver's seat ("in case someone tries something stupid") and left the keys in the ignition ("so you can listen to the radio"). Was I "driving without a valid license"?

[@MaxSterling01]

DUI's have become the major money maker of city/county/state courts.

[@DanielMcGillis-f3w]

This is a big part of the reason that Uber and Lyft have been run out of CA. It used to be that you could make some extra cash by running drunks home and back to their car on the weekend. Now, it has to be a full-time job, blah blah. Since Uber and Lyft have left drunk driving is spikeing back up and so has the crashes and injuries. It's not about public safety it is about money.

[@tnhomestead]

Used to live in a town in ill that if you slept it off you got ticketed for dui so instead everyone drove drunk

[@aaronstasel8292]

Washington State here. Generally, the police might do a welfare check if youre parked in a strange place. I usually sit in my passenger seat and lounge back with the heater running if i have had too much. As long as you are not trespassing or blocking traffic, they leave you alone. The police up here are a lot different from the police back home in Texas. Don't try that in Texas, because they will charge you and let their fishing buddy, the judge, seal the deal for them, while they move up the career ladder.

[@squidleyskidley]

I got a DUI for that exact scenario in California! So be careful…

[@ingiford175]

Saw one a few years back, keys was on the front tire, person was sleeping in the enclosed bed of his truck. and was found 'in control' of his vehicle since he had to use the key to open up the enclosed cap on the back of his truck.

[@annwithaplan9766]

I sat in on a case in court one day where the cop who came to the scene of an accident (just one guy's car) was being questioned. The guy was outside of the car by the time the cop got there. And because nobody actually saw him driving the car, the case was dismissed. I learned something that day.

[@1MTEK]

Very interesting.

[@seekingelite]

Stash your keys in a bush and tell the cops your buddy took them or you lost them. No keys, no operation.

[@editor0018]

" . . . we would be living in an incredibly insane country. Well, unfortunately we are." Astute observation Mr Flusche. Question is, what do we do about it?

[@jaynecobb1]

Vote.

[@SchemingGoldberg]

The 2nd Amendment was created for exactly this situation. It wasn't created for hunting.

[@SchemingGoldberg]

@@jaynecobb1 Good luck with that when both parties are corrupt and the elections are rigged anyways.

[@SlingsAxes]

​@@jaynecobb1from the rooftops, right?

[@Milesco]

​@@SchemingGoldberg Yeah, in 1787. Not a practical option these days. Don't get me wrong -- I'm 100% pro 2nd Amendment. I'm just saying that if you try to shoot cops, even if they're violating your civil rights, it's not going to turn out well for you.

[@zangin]

What about this? You are in a single car accident with damage to your car (so you could not drive it away) but with nobody else involved and no witnesses, and are intoxicated. Get rid of your key fob by putting it somewhere far away from the vehicle. If / when cops arrive before a friend comes to get you, you invoke the 5th amendment, and do not speak or answer any questions. I believe they could not convict you if you remained silent. I’m not saying they won’t arrest you. I would definitely get out of the drivers seat though. Even if walking down the road after the accident, even if it’s your car, I don’t think they could convict you for the incident.

[@Out__dated__meme]

I know a guy that got out of a DWI buy unplugging the car’s battery before he fell asleep in the front seat

[@TheMelnTeam]

Crazy. That was actually upheld? I didn't think my respect for this particular system could go any lower, but if the vehicle was literally inoperable and the person is still punished then it has indeed gone lower.

[@srobeck77]

That reeks of an urban myth, not reality. You wouldnt be able to prove exactly when the car was or wasnt operable while drunk.

[@jamescrawford4388]

I was in a club in Atlanta GA, came out stumbling drunk, i had parked in a industrial park, got in car and passed out, only to be awaken with a knock on my window, i explained that i had been drinking and didn't think it wise to drive. The cop said, "That was wise, but to please get out of the driver's seat and sleep it off in the passengers'' seat, i did and woke up with the sunshine coming up. In hindsight I think he was being very nice, because i was beyond just a little drunk, i am sure he could have put me under the jail.

[@srobeck77]

And you should have went jail for being stupid and driving in the first place. Hopefully lesson learned.

[@jamescrawford4388]

@@srobeck77 i didnt drive read before commenting.

[@CajunReaper95]

⁠​⁠@@srobeck77yeah um he said he wasn’t driving so where did you get he was driving from? Or did you only read that he came out stumbling drunk and ignored the rest?

[@srobeck77]

@@jamescrawford4388 if cops had magic hats to predict how you moved the car to where it was with keys in hand, then maybe you he'd have a valid excuse (that's setting aside the other 95% that would flat out lie about how it "got there"). Until the magic hats are invented, being in a car that's in public with keys in hand, will ALWAYS be a DUI ticket.

[@brettstarks1846]

If the United States had decent public transit and sane urban planning like most other 1st world countries, DUIs wouldn’t be nearly as big of an issue. One of the bad things about car dependency is that it increases police-public contacts.

[@bighock2886]

Be smart, fellow partyers, climb in the trunk, close it and sleep it off where no one can see you 👍😆

[@bradcampbell624]

Yes indeed, thought crimes. In Okla, if you are drunk and are even walking towards your vehicle (even if you are only going to get something out of it), that constitutes actual physical control. Same for sleeping in the vehicle if the keys are in the vehicle (if you have them in the trunk, or in one of those magnetic holders inside the bumper, you are Probably ok, but can still be arrested). Then you get to pay the towing and impound fees, and possibly attorney fees, missed work etc. So, just Uber, taxi or go with a DD or just walk. Besides, it doesn't take much to blow a .08

[@werefrogofassyria6609]

Canada has the really crazy DUI law. If you are found drunk anytime up to 2 hours after driving, you can get a DUI. This means, you can be sober and drive home from work. When you get home, you decide to have quite a few. The cop then speaks to you, sees you drunk, and the cop knows you just drove home, so you're within the 2 hours. You are now guilty of DUI.

[@ncdogg425]

Man that scene from Breaking Bad was so funny and a REALLY close call.

[@Milesco]

My favorite scene from that entire series! It was awesome. 👍

[@applejacks971]

That brother in law dea guy was a complete d-nozzle. I hated him from day one and his demise made me happy. He got what he deserved.

[@shawnwattles5556]

Years ago when I lived in a small military town, there was a bar that was popular with younger service members. Pretty much a dive bar with cheap beer. Small town cops would wait around at closing time (2am-ish) and arrest everyone that put a key in the door to unlock the car, get in the backseat, even getting in as a passenger. One guy whole lived nearby was arrested because the cops didn't believe him when he told them he was walking home. It was a well known trap and revenue source for the town. Part of the base orientation for new arrivals included a whole section about strategies to avoid getting arrested at this place.

[@MasterMalrubius]

I think the police would charge you DUI in your bed if they thought they could.

[@DetectivePlays0]

They can and will if they get the chance

[@montezuma6962]

And in another generation or two, they will be.

[@srobeck77]

Show us on the doll where a cop touched you in the no-no place to make you this ignorant and angry.

[@MistImp1]

And based on what was said in this video, apparently they can in Virginia. If my car and my car keys are at my house I have as much ability to just get in and drive as the guy in the bed of his pickup truck.

[@Nogard666]

In 2002 in Kansas I had a bit much to drink at a concert. I had been told that in Kansas a DUI included an "intent to operate" clause which specified in the driver seat with the keys within reach. So if one were in the driver seat, and the keys were on the passenger floor an officer could still consider that intent to operate. So what I did was put my keys in the trunk and slept in the passenger seat. I made sure I had paid the metered spot I was at to its max (it was a 10 hour lot). Sure enough about four hours later an officer woke me up to check on me. I did explain that I was sleeping one off and the officer explained that I was exactly correct and that he would have arrested me had I been in the driver seat with the keys anywhere within reach, but since I had the thought to put them in the trunk, or at least to tell him that is where I put them, he left me be. Though Lawrence specifically has laws allowing people to be drunk in public so long as they are not in some way a danger to themselves or others. I could have been passed out on the sidewalk sitting against a building and while they could check on me so long as I was deemed safe they were required to otherwise leave me be. I didn't know then about not speaking to LEO as I do now, though I know that at least here in Lawrence that there are protections and policies put in place by the city to limit LEO power for being drunk in public and that standing policy is for LEO to error to the side of just leaving someone be if they aren't more of an active nuisance than simply being there.

[@lakesnake2005]

And just to add to the confusion.....long haul trucks have sleepers built into them. Absolutely DO NOT get caught with ANY alcohol (or empty containers) in a commercial vehicle unless it is manifested on the paperwork and sealed up in the cargo compartment. THAT will cost you !!

[@MrRabiddogg]

this is a classic example of a law that was passed under noble circumstances but then was turned into a money grabbing scheme.

[@BuckeyeStormsProductions]

When I was younger, we had a friend we couldn't find the next morning after a party out in the middle of nowhere. We started calling his name and a few minutes later the trunk of his car pops open. He said he's slept it off in the trunk many times. Cops and potential criminals can't see you in there. Good thing he had a car with an inner safety release for the trunk. EDIT: Since this was the middle of nowhere and on private property the threat of him being arrested or mugged were minimal. He said he was worried about critters out there, instead.

[@fraliexb]

Indiana myself. I was told the best way to prevent OWI was to put your keys out of your reach. Like if you had a trunk passthrough, then put your keys in the trunk. Other thoughts could be putting the ignition key in your gas fill door. Another option would be to leave your keys with the bartender.

[@heroesandzeros7802]

In most states, there are laws that says you can do something and laws that says you cannot. It is all up to the criminal that stopped you. Every state, county, city, town, and agency has it's own laws that conflict with each other. Each wanting to control everything you do or say and take your money.

[@Yodie208]

Back in the day some friends had a boat docked in a marina that had an area for camping. I used to party with them and sleep in the parking lot in the back of my car. I was aware of the DUI laws, so I always put my keys in a cabinet by their picnic table. If there was ever an issue with the police, I did not have the keys in my possession or in the vehicle.

[@TheAmazingRandy]

Back in my college days, when I'd sleep it off in my car, I'd first hide the keys outside of the car. Hard to be "in control of the car/truck" if the keys are not on your person and can't even be located by the police officers.

[@keithangstadt4950]

Here in PA, I know of a district attorney's son who threw his keys under the car and crawled into the back seat to sleep. He was arrested and convicted of DUI. The argument was that if he had the wherewithal to put his keys under the vehicle, he could have retrieved them any time and drove off. I guess "damned if you do, damned if you don't" applies here.

[@kennethmiller2333]

So what if my wife is driving my drunk ass home? Is that a DUI? What if I have a set of keys in my pocket (because I drove to the restaurant, she drove back)? This is why respect for the law and law enforcement is going out the window.

[@igreillly]

Great video! We live in an insane country

[@swimmer751]

This is eye-opening! Back in 2010 or 2011, I went to a party and had too much to drink. I knew I shouldn't drive but it was 3am, freezing cold, 25F range and windy. I turned on my cars heater, locked doors, and curled up in the back seat to not freeze (and definitely not drive.) Did not have more than a light jacket with me. Luckily I had more than 1/2 tank of gas. Woke up around 8am and carefully drove home. I had no idea I could have gone to jail for that! Thought I was being safe.

[@neuralwarp]

In England [sic] the term is "in charge of". That includes being asleep in bed at home with the keys sitting by the door. It's got ridiculous.

[@GUITARTIME2024]

???

[@GunNut37086]

Sleeping it off in back of the truck or in my bedroom w/ the truck outside have the same potential for DUI. I could wake up and take the keys to the cab of the truck. How about blacked out windows in the camper and don't respond to the officers? They can't prove anyone is even inside the vehicle.

[@sm5574]

I think I would put my keys in the trunk of the car. That way I could get to them, but in no way could they be considered easily accessible. Of course, that only works if your car has a trunk.

[@mattcorriere9039]

One of my employers stopped to help a distressed motorist on the side of the snowy road. He had drank a few beers previously and when the troopers showed up he ended up getting a DUI. He wasn't driving when the troopers showed up and wasn't even in his truck but was still arrested.

[@ctg6734]

I despise drunk driving, but I think current DUI laws are absolutely absurd in how they can arrest someone for not actually driving while under the influence. Punishing those for a potential crime, or for trying to do the right thing by sleeping off the booze is criminal in it's own right.

[@WayneKeen]

Add to that the incentives in the system for arrests, not convictions

[@dschwols2]

I was told a long time ago (1980's), that you should put your keys in the engine compartment ( on the air filter ), let the cops search if they want, no keys in your possession.

[@Freddles279]

My brother-in-law was having a few drinks at a bar when he went to the car to get a pack of cigarettes out of the glove box. He got into the car in the driver's seat out of sheer habit and was reaching across to the glove box when there was the po-po suddenly. He had no intent on driving but got a DUI anyway because "He could have started the car and taken off at any time." At least, that's the way the cops spun it.

[@floppij5572]

That's BS

[@ligmasack9038]

I'll take "Sh*t that didn't happen for $1,000, Alex".

[@LC-uh8if]

@@ligmasack9038 I've heard of too many cases like this or worse (sober driver leaves the heat on in sub-zero temps with passed out passenger in the back to run inside and get something and police arrest passed out passenger for DUI) to disbelieve it.

[@gaoxiaen1]

@@ligmasack9038 The police in many places can seize the car and give you a DUI as soon as you touch your car.

[@TheSpatulaCity]

I used to be a Valet and drove many many kinds of cars. Many of the newer keyless push button start cars can still be operated and driven if the fob is away from the car. The car will make a beep or some kind of mild alarm that can be heard from inside, but it can still drive as long as it's still on. Once you push the power button, you need the FOB to turn it back on. So don't count on tossing your keys into the bushes as safe bet from arrest, especially if the car is on.

[@D.Jackson141]

We had a case here in Massachusetts (hearsay) where this one guy, every time he was pulled over, he would get out of his vehicle, lock his car, chuck his keys in the woods, open a brand new bottle of vodka, and chug it in front of the cop. They had the hardest time prosecuting him because they couldn't get him for DUI. It could be a folk tale they tell people but I thought it was an interesting anecdote.

[@squidleyskidley]

Another reason body cameras should be mandatory everywhere. In this case, you would think the police would want them too.

[@chrystalminor1422]

I thought the D in DUI stands for Driving (Driving Under the Influence). So how can they justify a DUI if someone is parked and sleeping; not operating a vehicle at all?

[@frequentlycynical642]

Did you watch the video? It's explained.

[@craigg4925]

I've seen a case in a video that was dismissed because an RV had its jacks deployed and the cops did not get a search warrant. they said that it could not be readily driven. do you think this is right?

[@kjamma4]

In the Eighties, I worked with a triple DUI coworker who would sleep in his car when drunk frequently. He had modified his radio so it would play at any time regardless of the ignition. He'd sleep in the back seat with the trunk key in the glove box and the ignition key locked in the trunk (yes kids, there actually were vehicles back then that you needed a key to open and some where there were two different keys) He claimed he "beat" further DUIs this way.

[@joshotey2967]

I wonder if you could pull a cable off of the battery, making the car inoperable. Then attach it back after you sober up. 🤔

[@nonenone-ll7ln]

key in the acc position, that is very much up to the cop to actually look and honestly note that EXCULPATORY evidence. i would not count on that happening. running it for heat while not actually in it, REMOTE START. you can have it added for probably under $100 on most cars. and if buying new, get that option. even outside of snow country, you can fire up your AC 30 seconds before you get in and go. your lubrication systems got flowing full, and the touch of warmup time if it was cold doesn't hurt your motor either. no keys, no DUI in most cases, and it's not an 'unattended running vehicle" either.

[@mdamaged]

8:08 another option, if you're somewhere you frequent, is give the bartender your keys and ask them to hold on to them while you sleep it off.

[@mhicaoidh1]

Then where is the bartender with your keys when you wake up at 6 AM?

[@TheDenisedrake]

GREAT INFO! We love to take road trips and stealth camp in our vehicle. When we are sleeping near a paved road (like truck stops, rest areas, parking lots, etc.) we will be more careful to not drink alcohol.

[@guardrailbiter]

Regarding your advice to "sit on the sidewalk" instead of in your vehicle, can't you then be charged with the crime of Public Intoxication? Sure, it is a lesser crime than DUI, but still not a great position to be in. What's the downside (legally) to leaving your car keys with the bartender overnight?

[@frequentlycynical642]

The bar tender probably doesn't get back to work until 6PM the next day.

[@MrJayrock620]

If you have a sedan sleep in the trunk, if they can’t see you they can’t arrest you. And if they happen to find you just say you don’t know how you got in there and thank them for letting you out

[@alienkid]

I had friends talk about throwing their keys away when they get stopped, like it would make some sort of difference

[@mhicaoidh1]

It might if the police don't see you driving the vehicle, and don't see you toss the keys.

[@jeffreydavidconner]

Had this conversation years ago with my Uncle who was a Police Officer at the time. He told me to get a magnetic key holder. Put the car key inside and stick it under the car. If asked tell them a friend took them and will return them in the morning.

[@TheJimJonesKC5DOVChannel]

Two key points when dealing with the police: 1) be polite and 2) be quiet.

[@DarkWolfsDen]

To be on the safe side, I have always followed the rule "If unable to safely drive and need to sleep it off, the key goes under the rear tire and I go in the back seat/rear of vehicle".

[@bleuoval64]

How would the law interpret a scenario such as those described with one additional element: a breathalyzer ignition interlock (or another such device that would prevent the operation of the vehicle while you are impaired)?

[@Accrovideogames]

The cop may not care and arrest you anyway. The judge, however, will care and dismiss the case.

[@montezuma6962]

@@Accrovideogames I've never seen anyone use "judge" and "care" in the same sentence.

[@vancester1st]

Something to touch on… “You can’t park here! Move your car or I’ll give you a ticket!” Now what??? 😢

[@yawgmoth6568]

Take the ticket and just pay it off, better than a DUI.

[@ImigrentfromMars]

Im in canada I know a guy who got charged for riding his horse after leaving a card game in the country '' Farmer '' so rather then drive he just took the horse but was charge with care and control Another for riding a lawnmower in his own yard but went into the ditch to cut that long grass and a cop seen the beer and charged him My brother for riding a peddle bike to the store for snacks and the best is a guy who pulled the motor from his car put it in the shop to rebuild it. He ordered the parts Friday for a Monday delivery, So over the weekend he decided to put in the new radio and got charged with care and control when the Karan next door reported him for drinking in his car,

[@mhub3576]

I've practiced law since 2000. The idea I have for how to avoid a DUI when you need to sleep it off in your car is to hide your keys somewhere outside the vehicle where LE cannot find them. Then when you wake up and ready to leave you go retrieve them and drive away. If for some reason you need to have a story, you can say your friends drove you there and left you with your car and hid the keys, and in the morning or some amount of time later after you've sobered up they will tell you where the keys are hidden. Without keys you cannot be in physical control.

[@JerryPatterson-m3p]

I seen a video where cops arrested a guy for operating a motor vehicle while intoxicated when car was up on blocks with no engine in it, all because the guy wouldn't stroke their ego by answering their questions. Cops are basically a bunch middle age teen girls who need constant praise and validation.

[@srobeck77]

You can feel free to move to lawless California if you wanna whine like a child and hurl insults at cops. Go there get robbed and see widespread drug use in the open on the streets. That tell come back and tell us how you feel about having no cops or laws.

[@anonnymowse]

Even push button starters have accessory positions. I have Ford Escape. If i start the car without having my foot on the brake, it starts in accessory mode. If someone would lock me in the car with my key in my possession but using the keyless entry buttons on the outside of the door, my car would not start at all. The key is sleeping until it is unlocked with the keyless entry code. Of course, opening the door would set off a very loud alarm until I enter the code. That would be an interesting case that my key was not operational while I was sleeping in the vehicle.

[@jimf6427]

1978, I was drinking shots of JD with friends, had to go 60 miles to get home. Made it 10 miles and pulled in to a rest stop, took the keys and left them on the floor while I climbed into the back seat. When I awoke at 6AM I noticed a State Police car parked next to me. Did they try to wake me??? I don't know but they weren't in their car and I left ASAP. My Dad (an attorney) always said I was born under a lucky star. I guess so.

[@srobeck77]

So your stupid and drove drunk to get to the rest stop. Anyone present you will this bit of reality?

[@IC-PC]

Those laws are just dumb... Driving Under the Influence should mean the vehicle is in a gear other than park while the person in the driver's seat is intoxicated. Anything short of that should be not be considered a DUI. The point of DUI violations is to discourage people from operating vehicles dangerously, and if their intent is to use the vehicle in a safe way that isn't dangerous (like using the heater) then it shouldn't be a crime. There really needs to be more focus on the 'D' in 'Driving' when making these laws.

[@GeorgeJefferson1775]

Imagine being a cop and telling your kids you are one of the "good guys."

[@srobeck77]

Imagine being a parent and telling your criminal kid thats he the "good guy" and the cops are just the fun suppressors. Youve failed at the game of life at this point.

[@TheWolfiet]

so, here's what I took away from this... If you live in America, and live in a camper or van, never drink... ever...

[@Alaninbroomfield]

The more appropriate question is: "Will a cop gleefully ruin your life in enforcing any law on the books even though you're not harming anyone or putting anyone in danger?" The short answer is "Yes, he will".

[@srobeck77]

Majority of the time, no they will not. The stupid inside of you will dream this up, but reality should slap you across the face at some point that this isnt true.

[@Alaninbroomfield]

@@srobeck77 Your reply to my statement boggles me. I've had very few interactions with cops, but some of them displayed utter contempt for my rights by searching without probable cause, and I've known plenty of people that happened to have only a few drinks getting charged with a dui even though they're perfectly safe to drive. Granted, my experience is limited, but it's not hard to extrapolate it into what I previously said, especially when youtube is FULL of such scenarios.

[@srobeck77]

@@Alaninbroomfield thats because your a criminal and do criminals things to call attention to yourself. And the tiny percentage on KZbin, is only because they are entertaining (how are you not smart enough to know this by now). Regular traffic stops will never be seen on youtube, because no one wants to watch that.

[@srobeck77]

@@Alaninbroomfield Im not buying even a quarter of the lies your rolling with here bruh. "After a few drinks" as you claim (which we all know when someone says 2 beers it actually means 6-7), once you get to the police station that have that official breathalyzer to confirm it all. So either your completely full of it, or your referencing maybe the 70's before breathalyzers? Even way, total non-sense here.

[@Alaninbroomfield]

@@srobeck77 Just because you're officially over the limit doesn't mean you're not perfectly safe to drive. If you've been having a few drinks many days of the week for DECADES and not causing a problem, cops should be exercising DISCRETION and not needlessly disrupting lives. When I was growing up in the 70's and 80's, the cop would say "Please go straight home" and "Have a good night" conveying that he could've clearly gone the DUI route, but didn't. It's not like that anymore, now they bust people for DUI any chance they get. This includes drawing for blood simply because the cops says he smells pot in the car. This is not how peace officers in a free society should be conducting themselves.

[@xTheMidlanderx]

I regret that I have but one upvote to give. I've been looking for these answers for weeks.

[@zugmeister314]

It would make things SO SIMPLE if people only got DUI’s for, you know, Driving while Under the Influence! Was the person drunk? Yeah. We’re they driving? No. Send them back to bed to sleep it off.

[@srobeck77]

And so in this scenario, the drunken person wakes up an hour or 2 later, thinking they are sober (because thats what drinking does, it impairs judgement), drives off and kills one of your relatives coming home on the late shift. Yes, that happens and thats why this law exists. You reallly didnt think this out from all angles as it turns out and now your relative is dead. And its the hardworking one thats is well liked. Not the deadbeat and unemployed one sleeping safe in your home on the couch.

[@zugmeister314]

@@srobeck77 How far into potential crime do you think prosecution is appropriate? Should you get a speeding ticket right now because it's very likely you'll break the speed limit some time in your life? Should your insurance go up now because you might have a cooking fire in the future? Should every dog come with a citation for an unrestrained animal? "You reallly didnt think this out from all angles..." you might want to find yourself a mirror. It's very unethical to prosecute people for crimes they may potentially commit or have not committed.

[@srobeck77]

@@zugmeister314 in this example then yes you should. If your impaired and sitting in a car, jail time. Too many innocent people killed this way once they "think" they are ok to drive again an hour later. Similarly, If you walk into a bank with a ski mask + gun in hand, u should also be arrested before committing the crime. More similarities, on that pedo show, To Catch a Predator, they arrest the adult once he shows up to the house with candy, stuffed animals, and wine coolers intending to have sex with 12 or 14 years. The crime "didnt happen yet". But yup, jail time for you pedophile.

[@dillzilla4454]

8:30 so how does this work if you have a EV for example that doesn't really have a clear on/off state?

[@Old_Florida_Diver]

Cops in Fla have a saying: "You can beat the rap, but you can't beat the ride." Meaning, if you tell a cop, "You can't give me a ticket for DUI, I'm not even in the car!" they can give you the ticket, arrest you, ride you down to the jail, and hold you for a few hours. You go to court, the cop may not even show up, and . . . you beat the rap, but not the ride. If you don't fight it in court, well, the rap is on your record. Moral: ALWAYS be polite, respectful, and careful while protecting your rights in a police encounter.

[@nevisstkitts8264]

One key point to consider includes the location of the vehicle. If the vehicle is parked on other than private property, officers are more likely and have better standing to interact and investigate. This may or may not extend to vehicles parked on private property used for commercial purposes. If the vehicle is parked on private property, and the vehicle owner has the express permission for the vehicle to be there from the property owner, the dynamics of the interaction can change. The strongest protection would be a vehicle parked in a secured location, not accessible to the public. Some RV locations have fenced, gated parking posted with no trespass signs. IMO, outside of one's own posted and secured property, such a secured RV location provides the greatest assurance. Parked at midnight in a bar parking lot? IMO, not much assurance there.

[@Ralyx0]

Or just don’t drink alcohol, at all. It’s extremely easy to not do.

[@steveturners1258]

Or don't have a vehicle, easier still, and saves a lot of money.

[@jaredbelcher1985]

In Utah they just clarified this in the law: (a) "Actual physical control" is determined by a consideration of the totality of the circumstances, but does not include a circumstance in which: (i) the person is asleep inside the vehicle; (ii) the person is not in the driver's seat of the vehicle; (iii) the engine of the vehicle is not running; (iv) the vehicle is lawfully parked; and (v) under the facts presented, it is evident that the person did not drive the vehicle to the location while under the influence of alcohol, a drug, or the combined influence of alcohol and any drug. So basically if you are parked legally at the bar you got drunk at and are sleeping in the back with the engine off you are good. But if you tell them you drank at the bar, and your car is now at Wendy's they can legally presume you drove there drunk and give you the DUI. Drinking in the camper/van at any sort of campsite would be tricky - but if you leveled the tires or put out stabilizers I think that would satisfy (v) under Utah law.

[@briangc1972]

In many states, just having the keys to your car will subject you to being guilty of DUI. I have heard of cases where people were charged for DUI because they had their cars keys on their person and the car was not even in the same state. They flew in for vacation and were passengers to the bar, got drunk, were arrested even though they had no car with them. But they did have their home keys and car keys on the same key chain in their pocket.

[@Nexesys]

My answer would be to just continue to sleep. If your vehicle is parked legally, and locked up just don't acknowledge that they are there. Especially if you have tinted windows or you are covered up in the back. They can't arrest you if they don't know you are there.

[@PTMG]

Pro tip: Don't answer to police if they try to wake you. Pretend to be asleep as long as you can. They will have an extremely hard time proving a DUI on a person who was so asleep that they had to break in to physically wake them.