Obscure DUI

[ctwo]

This was just coworker conversation.

I was told that you can get a DUI if you merely have ready access to the car keys, like they are in your pocket or glovebox, and you are drunk in the car. That sounds crazy. What if you were just fumbling around getting your stuff for the uber ride home.

A while back I was told the keys just had to be in the ignition. That was in the context of doing work on your car in the driveway while having some beers (thinking of short driveway right off the street, like in SF).

If that first scenario is true, how would it be applied to motorcycles? Would you merely just need to walk by your bike or would you need to be seated on it?

What started this was one proclaiming that you can get out of a DUI if you keep a spare bottle of sealed booze handy, and then you crack it open and take a sip in front of the officer.

:staRang

 

[NorCalBusa]

Someone has way too much free time...

 

[295566]

What started this was one proclaiming that you can get out of a DUI if you keep a spare bottle of sealed booze handy, and then you crack it open and take a sip in front of the officer.

:wtf

 

[bojangle]

Well, there has to be driving and impairment from alcohol and/or drugs to meet the elements of the crime. DUI is an exception to the misdemeanor arrest law in California, so an officer need not witness the driving. But, an officer needs probable cause to arrest for DUI, which is driving a vehicle while under the influence.

Has there ever been an officer who incorrectly arrested an intoxicated person inside a vehicle with keys on their possession, it keys on the ignition, or whatever, when that person never drove while under the influence? Most likely. Mistakes happen.

I've arrested quite a few people for DUI in situations where I didn't witness the driving. The most common occurrence is following collisions. But I've also arrested people based on witnesses who observed the driving, when finding people passed out drunk in the driver seat, with engine running, while stopped at a stop sign, while parked in a vehicle with a warm engine and keys in the ignition, and various other scenarios ad nauseum.

In all cases, the state needs to prove impaired driving occurred. An officer needs probable cause to believe this occurred to make an arrest. These anecdotal stories come up in urban legend type fashion stemming from cases like that, where the witnesses or the drivers just don't have an understanding of the law or if the case that the officer has developed.

 

[Smash Allen]

A friend was charged with attempted dui when a rookie sheriff intervened before the car started moving.

 

[MR662]

If that first scenario is true, how would it be applied to motorcycles? Would you merely just need to walk by your bike or would you need to be seated on it?

What started this was one proclaiming that you can get out of a DUI if you keep a spare bottle of sealed booze handy, and then you crack it open and take a sip in front of the officer.

:staRang

Like Bojangle said, we need probable cause, witnesses etc to prove driving. So if I roll up or am dispatched to you passed out behind the wheel at a red light and I contact you, I determine your under the influence and you fail field sobriety tests, I will arrest you for drunk driving.

If I get a call that your passed out behind the wheel, in a parking lot, no witnesses to you driving, I arrive on scene and your drunk, maybe even empty bottles or open container in car and I can’t prove you were driving, no keys in ignition, engine isn’t hot and you tell me you just broke up with your ex and we’re drinking in car or nearby restaurant and came to sleep in car, I’ll prob call you a cab or have a friend pick you up.

Every situation is different and so many details can effect investigation.

So if your drunk, standing near your bike, key in pocket, haven’t Ben riding, prob won’t get arrested for DUI.

To your last question, if an officer sees you crack open a bottle and start drinking, prob not going to get a DUI. Maybe open container ticket, but if that was really your first sip or sips, can’t prove DUI as your body wouldn’t yet be under the influence enough to fail a sobriety test. I recently had a guy roll through our DUI checkpoint. He thought it was construction zone because of the cones. As I walk up he has a beer he is sipping. He tries to hide it. Beer was almost full, still cold, receipt from store 10 minutes ago, couple quick tests and he is fine. He got to pour the beer out, and a ticket for open container. No DUI.....

Like Bojangle said , we are all different. Some officers make mistakes, some do things differently, but at end of day we are trying our best to keep people safe Drinking/drugs and driving are a bad mix, so don’t mix the two. :thumbup

 

[scootergmc]

As has been previously correctly stated, proof of driving is a requirement. Furthermore, here's the California jury instruction for DUI, it tells you exactly what's required to sustain a conviction:

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant drove a vehicle; AND

2. When (he/she) drove, the defendant was under the influence of (an alcoholic beverage/ [or] a drug) [or under the combined influence of an alcoholic beverage and a drug].

 

[Shaggy]

There are an infinite number of permutations to these scenarios that might or might not meet the elements of DUI.

The most important thing to understand is that booze and vehicles don’t mix well. Don’t leave your fate in the hands of someone else. Even if you are arrested and beat the case, you might be out of pocket several thousands of dollars when a $15 Uber could have avoided the whole thing.

 

[295566]

There are an infinite number of permutations to these scenarios that might or might not meet the elements of DUI.

The most important thing to understand is that booze and vehicles don’t mix well. Don’t leave your fate in the hands of someone else. Even if you are arrested and beat the case, you might be out of pocket several thousands of dollars when a $15 Uber could have avoided the whole thing.

$15 Uber? Obviously you haven't been the victim of surge pricing in a downtown area recently. :laughing

 

[Shaggy]

Shush!! You’re ruining my dramatic effect.

 

[ctwo]

Lol.

thanks all

 

[TheRiddler]

What started this was one proclaiming that you can get out of a DUI if you keep a spare bottle of sealed booze handy, and then you crack it open and take a sip in front of the officer.

Maybe avoid the DUI, but a good way to go to jail for tampering/destruction of evidence (blood).

 

[MysterYvil]

You might not be convicted. However, you might be arrested. Kinda expensive.

I was counseled to put my keys under the hood, on my truck's air cleaner, if I was going to sleep it off. Never had to worry about it when riding because I wouldn't take a drop until I was home and safely parked.

.

 

[Shaggy]

You might not be convicted. However, you might be arrested. Kinda expensive.

I was counseled to put my keys under the hood, on my truck's air cleaner, if I was going to sleep it off. Never had to worry about it when riding because I wouldn't take a drop until I was home and safely parked.

.

The location of the keys doesn’t really matter.

The officer needs to have probable cause to believe you drove the vehicle under the influence of alcohol. If you drove drunk and parked on the side of the road, then put the keys under the hood, the officer can still develop PC to arrest.

 

[423yjl]

I was a juror on a DUI case.
They found the guy passed out in the car, and the car was parked VERY BADLY.
10 of us said there was no proof that he drove it there drunk. A couple people said “that type of man drives drunk”.
7 days for a hung DUI jury. :/

 

[summitdog]

As already noted: there has to be volitional movement of the vehicle before there can be a DUI in the State of California. BEWARE: other states, e.g., Colorado, one only needs to be "in control" of the vehicle for a DUI conviction. That means on can be passed out in the back seat . . .

Scotty