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-   -   DUI Legality Issues (https://www.ft86club.com/forums/showthread.php?t=41530)

FnFast 07-13-2013 09:11 PM

DUI Legality Issues
 
Sooo all growing up I heard that you can't be committed for a DUI if your sitting in your car with the key NOT in the ignition. Is that true?

If so.... what if you have push button start?

:iono:

infinite012 07-13-2013 09:26 PM

You can be sitting intoxicated in your car with the car off and still be ticketed for DUI. At least you can in parts of VA...

wrxgoose 07-13-2013 09:53 PM

iirc, here in NC, if the car is running, you're SOL. I don't know if the car can be off and you'll be okay, but i'm pretty sure that if you're in the driver's seat, you're screwed.

dem00n 07-13-2013 09:54 PM

Depends on state, DUI laws and conditions aren't nation wide.

UncleFester 07-13-2013 10:11 PM

Most states do not have it specifically outlined. They use experience and case law in addition to the local statute to determine course if action.

Could you be arrested for DUI for something as far fetched as being drunk near your car? The answer is.. Yes. However, in order for you to be convicted there is a reasonableness standard. Meaning; ask yourself, would a reasonable person (jury) believe you operated the vehicle under the influence.

FnFast 07-13-2013 11:12 PM

Quote:

Originally Posted by UncleFester (Post 1067465)
Most states do not have it specifically outlined. They use experience and case law in addition to the local statute to determine course if action.

Could you be arrested for DUI for something as far fetched as being drunk near your car? The answer is.. Yes. However, in order for you to be convicted there is a reasonableness standard. Meaning; ask yourself, would a reasonable person (jury) believe you operated the vehicle under the influence.

I never drink and drive. Just curious if laws changed... For example laws changed with cell phones.

whaap 07-14-2013 12:08 AM

Many years ago in Michigan it was whether or not you were in control of the car. It didn't matter if it was running, key in the ignition or not. I would be surprised if it wasn't still the same.

executivekoala 07-14-2013 12:32 AM

Keys in person or keys in car yep you can get a dui. When I was a kid and we would party in parking lots a few cops almost gave out dui's because of it. Got be locked in glove box or keys in the trunk at least.

infinite012 07-14-2013 09:07 AM

Quote:

Originally Posted by executivekoala (Post 1067636)
Keys in person or keys in car yep you can get a dui. When I was a kid and we would party in parking lots a few cops almost gave out dui's because of it. Got be locked in glove box or keys in the trunk at least.

It really does depend state to state and LEO to LEO, though. I've had friends have cops walk up on them and damn near lose their shit and give out a ticket/arrest when their keys were locked inside the bar after being walked/sat in their own cars by the bartenders (windows rolled down ever so slightly, of course).

Then I've had other friends who would sit in their car with it turned on, tunes blasting, in front of a bar and a cop walks up and checks to see that they're not going anywhere and leave them alone.


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