DUI Legality Issues - Toyota GR86, 86, FR-S and Subaru BRZ Forum & Owners Community

FnFast · 07-13-2013, 09:11 PM

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?

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

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

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.

07-13-2013, 09:11 PM	#1
FnFast Doctor Join Date: Aug 2012 Drives: Fast Location: Philadelphia Posts: 496 Thanks: 410 Thanked 203 Times in 126 Posts Mentioned: 2 Post(s) Tagged: 0 Thread(s)	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? __________________ Jeremy Clarkson "If you go though the Pearly Gates, backwards, in a fireball, that's a cool way to die!" 2013 White Pearl BRZ Limited 6MT - 15% Tint, Debadged, HIDPowerhouse LED Interiors and Dome

07-13-2013, 09:53 PM	#3
wrxgoose WUB WUB Join Date: Aug 2012 Drives: 2013 Firestorm Location: Charlotte Posts: 2,788 Thanks: 313 Thanked 1,573 Times in 858 Posts Mentioned: 52 Post(s) Tagged: 1 Thread(s)	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. __________________ Build thread: http://www.ft86club.com/forums/showthread.php?t=40850 no more blower power

07-13-2013, 09:54 PM	#4
dem00n Member of the year - 2016 Join Date: Jul 2012 Drives: Scion FRS Location: New York Posts: 3,575 Thanks: 788 Thanked 2,427 Times in 1,111 Posts Mentioned: 23 Post(s) Tagged: 0 Thread(s)	Depends on state, DUI laws and conditions aren't nation wide. __________________ Friends don't let friends Plastidip

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Legality and Insurance Implications for Smoked Taillights	eviledward	AUSTRALIA	31	08-08-2013 11:41 PM
Anybody Have Zero Issues?	Don Ivey	Scion FR-S / Toyota 86 GT86 General Forum	129	03-25-2013 02:14 PM
Will Demon Eyes affect light temperature output? (also the legality)	boredom.is.me	Cosmetic Modification (Interior/Exterior/Lighting)	6	01-04-2013 06:37 PM
more issues after CEL fix..	DrewZ926	Issues \| Warranty \| Recalls / TSB	2	11-07-2012 09:15 PM
Anybody with no issues?	tdoggy57	Scion FR-S / Toyota 86 GT86 General Forum	49	08-04-2012 04:41 PM

07-13-2013, 09:26 PM	#2
infinite012 Banned Join Date: Jan 2013 Drives: 13 DGM BRZ Ltd Location: Williamsburg, VA Posts: 974 Thanks: 294 Thanked 470 Times in 255 Posts Mentioned: 17 Post(s) Tagged: 4 Thread(s)	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...

07-13-2013, 10:11 PM	#5
UncleFester Senior Member Join Date: Jun 2012 Drives: BRZ Location: Northern Virginia Posts: 597 Thanks: 157 Thanked 178 Times in 120 Posts Mentioned: 15 Post(s) Tagged: 0 Thread(s)	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.

07-14-2013, 12:08 AM	#7
whaap Senior Member Join Date: Dec 2009 Drives: '13 FR-S firestorm, 6 mt - '11 CR-V Location: Tucson Posts: 2,133 Thanks: 243 Thanked 1,387 Times in 657 Posts Mentioned: 36 Post(s) Tagged: 0 Thread(s)	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.

07-14-2013, 12:32 AM	#8
executivekoala Senior Member Join Date: Mar 2013 Drives: fr-s Location: san diego Posts: 284 Thanks: 7 Thanked 96 Times in 62 Posts Mentioned: 2 Post(s) Tagged: 0 Thread(s)	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.

User Name		Remember Me?
Password