Can you get a DUI PARKED In YOUR DRIVEWAY? - Honda-Tech

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Old 05-19-2007, 06:38 PM   #1
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Default Can you get a DUI PARKED In YOUR DRIVEWAY?

My coworker believes that you can get a DUI for being drunk in your car that is parked in your driveway. He says it doesnt matter if the car is on or not.

I believe that you can't get a DUI unless the car is running. He says just being in the car means that you are in control of the car and therefore a DUI.

We bet $50. Anyone know if he is correct? Any Law inforcement out there?

Thanks honda-tech.
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Old 05-19-2007, 06:40 PM   #2
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Default Re: Can you get a DUI PARKED In YOUR DRIVEWAY? (SDT Project EF)

if the keys are in the ignition yes. if the keys are not in the ignition then no you cant get a dui.
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Old 05-19-2007, 06:40 PM   #3
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Default Re: Can you get a DUI PARKED In YOUR DRIVEWAY? (SDT Project EF)

im pretty sure the keys have to be in the ignition to get a DUI. plus if you dont leave your property im not sure what they can do. you arent on a public roadway.
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Old 05-19-2007, 06:40 PM   #4
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Default Re: Can you get a DUI PARKED In YOUR DRIVEWAY? (SDT Project EF)

I mean. who gets pulled over in their driveway? you guys need better things to argue about
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Old 05-19-2007, 06:41 PM   #5
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Quote:
Originally Posted by SDT Project EF
I believe that you can't get a DUI unless the car is running. He says just being in the car means that you are in control of the car and therefore a DUI.
i don't think the car has to be running. if the keys are anywhere inside the car with you in it, drunk, i beleive you can get a DUI. you have to have the keys outside of the car (wheel well) in order to not get a DUI. i think this is true on a public road. i am not sure about a driveway though.
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Old 05-19-2007, 06:42 PM   #6
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you cannot get a DUI parked in your driveway unless the cop saw you pull in. If he comes up upon you and you are sleeping in the car even if you are drunk he is SOL since you are on private property and he was not called there
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Old 05-19-2007, 06:44 PM   #7
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Default Re: (YeuEmMaiMai)

Plus he can't prove that you were driving under the influence if he sees you in the car. For all he knows, you were going to do it, but your *** was so drunk, you just fell asleep in the car
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Old 05-19-2007, 06:47 PM   #8
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Laws on this vary from state to state/county/municipal.
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Old 05-19-2007, 06:49 PM   #9
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Default Re: (JohnnyG35)

thanks guys, can anyone back this up with some googled legal info?




Modified by SDT Project EF at 8:03 PM 5/19/2007
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Old 05-19-2007, 06:52 PM   #10
 
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Default Re: (YeuEmMaiMai)

It all depends on the state laws.. Tennessee for example, police can arrest you for DUI, as long as your keys are in your possession, this includes private property (Your driveway for example)

Oklahoma, here is a quote from a law office:
To be sure, our office is NOT condoning anyone taking the chance of driving when one KNOWS that he has had TOO MUCH to drink. However, you should know what ELSE you should do to avoid this crime of APC. Simply pulling over is NOT enough. Your vehicle must be TOTALLY OFF any street or road. Pulling into a parking lot or driveway is NOT enough!
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Old 05-19-2007, 06:53 PM   #11
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like johhny said, laws vary from state to state, but here is something i found...

http://www.duiblog.com/2005/09...-laws/

"I have reported cases where citizens have been convicted of pushing the vehicle after running out of gas, of sitting in a parked car with the engine off, and even of sleeping in a parked vehicle. In each case, judges have broadly interpeted the language of the DUI statute in favor of the prosecution.

Similarly, the word “vehicle” would seem fairly clear. Yet, I have posted about cases where citizens were convicted of drunk driving on bicycles, lawn mowers, wheelchairs – and, yes, even horses."
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Old 05-19-2007, 06:56 PM   #12
 
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Quote:
Originally Posted by .brian.
like johhny said, laws vary from state to state, but here is something i found...

http://www.duiblog.com/2005/09...-laws/

"I have reported cases where citizens have been convicted of pushing the vehicle after running out of gas, of sitting in a parked car with the engine off, and even of sleeping in a parked vehicle. In each case, judges have broadly interpeted the language of the DUI statute in favor of the prosecution.

Similarly, the word “vehicle” would seem fairly clear. Yet, I have posted about cases where citizens were convicted of drunk driving on bicycles, lawn mowers, wheelchairs – and, yes, even horses."
WOODSTOCK – A Hampshire man trying to drive his motorized wheelchair to a grocery store spent a night in jail this week after police charged him with drunken driving.

But Huntley police voided the ticket the next morning after realizing that drunken-driving laws do not apply to people in wheelchairs.

http://community.livejournal.c....html
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Old 05-19-2007, 06:56 PM   #13
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when the cops bust those guys, they are always on the public street or in a parking lot. In those cases you are done.
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Old 05-19-2007, 06:57 PM   #14
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Default Re: (YeuEmMaiMai)

I think in CA the keys have to be in the ignition.

You'd think people would be a bit more lax when the drunks use some good judgement and just pass out in the car.
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Old 05-19-2007, 07:04 PM   #15
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Default Re: (Jstchilln120)

So far it seems unlikely, but still possible if it appears that you have driven or had intentions to drive.


Modified by SDT Project EF at 8:36 PM 5/19/2007
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Old 05-19-2007, 08:13 PM   #16
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I've seen a guy get arrested for DUI at the parking lot a bar. He was sitting there passed out with the keys in the ignition.
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Old 05-19-2007, 09:53 PM   #17
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Default Re: (Glocked1)

In dirty england you can get a DUI for sleeping in your car instead of driving it home drunk. My wife was stationed there for a deployment and a co-worker got a DUI while retrieving a purse out of her rental car before attempting to get into a cab. Her coworker was arrested getting into the passenger side with no intentions of driving.

Hopefully we dont get quite that stupid here in the states.
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Old 05-20-2007, 02:33 AM   #18
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Default Re: (Mullet_SyTy)

I believe for California, as long as you have your car keys and is under the influence. You are subject to be under a DUI. It's because "supposedly" you have the intent to drive under the influence because of the car keys you have. Which is bull **** California law, but what do I know I'm not a cop or a lawyer. So I've only heard.
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Old 05-20-2007, 02:35 AM   #19
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how about one of our resident drinkers test this out and report back
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Old 05-20-2007, 02:36 AM   #20
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Default Re: (YeuEmMaiMai)

my cousin got a DUI for sitting in the passenger seat of his truck w/out the keys on his person or in the vehicle... i think the charges were lowered eventually in court but I guess the cop felt he could write him a ticket it for it.

It wasn't in a drive way it was on a camp ground.
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Old 05-20-2007, 02:37 AM   #21
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was it a state park or something?
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Old 05-20-2007, 02:39 AM   #22
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Quote:
Originally Posted by YeuEmMaiMai
was it a state park or something?
no, but it was Utah county and the cops there are ******.
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Old 05-20-2007, 02:40 AM   #23
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Default Re: (NoRegrets)

Quote:
Originally Posted by NoRegrets
It all depends on the state laws.. Tennessee for example, police can arrest you for DUI, as long as your keys are in your possession, this includes private property (Your driveway for example)

Oklahoma, here is a quote from a law office:
To be sure, our office is NOT condoning anyone taking the chance of driving when one KNOWS that he has had TOO MUCH to drink. However, you should know what ELSE you should do to avoid this crime of APC. Simply pulling over is NOT enough. Your vehicle must be TOTALLY OFF any street or road. Pulling into a parking lot or driveway is NOT enough!
What if i wanted to listen to some nickelback tunes and have it set to ACC but the car isn't running?
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Old 05-20-2007, 02:41 AM   #24
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Quote:
Originally Posted by god.loves.ugly

no, but it was Utah county and the cops there are ******.
lol you can have 10 wives all under the age of 18 but you cannot sleep off a hangover in your truck......
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Old 05-20-2007, 02:42 AM   #25
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Default Re: (god.loves.ugly)

Haven't been to Utah, but I don't think it'll match up to California cops.
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