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Old August 21st, 2015, 10:21 AM   #1
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Default OUI/DUI while parked?

Not sure if this has been discussed but I'd like to see our 'resident' LEO's opinions OR recent experiences on this:

If one has too much to drink and decides NOT to drive home, but rather go sit out in the car/truck to sleep it off. Can you be ticketed if you're:

Sitting behind the wheel of the car?
Sitting in the passengers seat of the car?
Sitting in the back seat of the car?
Laying in the bed of the pickup?
Are the posession of the keys an important aspect?
Is where you are parked important? i.e private of public property?

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Old August 21st, 2015, 10:25 AM   #2
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My buddy got a oui for being parked in a parking lot.

Was going to drive home..decided not to.Didnt take the keys out of the ignition.Cop did a drive by and noticed him sleeping,woke him up and asked the usual questions and noticed his keys dangling from the ignotion.
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Old August 21st, 2015, 10:27 AM   #3
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My buddy got a oui for being parked in a parking lot.

Was going to drive home..decided not to.Didnt take the keys out of the ignition.Cop did a drive by and noticed him sleeping,woke him up and asked the usual questions and noticed his keys dangling from the ignotion.
Similar thing happened to a coworker. I can't answer the other questions.
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Old August 21st, 2015, 10:33 AM   #4
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i did not get a oui while sleeping in my truck. keys were on floor. I was passed out in cab, cop knocked on my window and woke me up. This was a 7 am though so by then i was probably good.
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Old August 21st, 2015, 10:38 AM   #5
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My dad got one years ago, for being passed out in his driveway.

In car, in drivers seat, keys in ignition. Car not running.

Leo seen him asleep and knocked on window.

Yes he drove home beyond legal limits. No, the cop didn't see him driving. Yes, he got what he deserved and paid the consequences. He learned his lesson.
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Old August 21st, 2015, 10:43 AM   #6
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My dad got one years ago, for being passed out in his driveway.

In car, in drivers seat, keys in ignition. Car not running.

Leo seen him asleep and knocked on window.

Yes he drove home beyond legal limits. No, the cop didn't see him driving. Yes, he got what he deserved and paid the consequences. He learned his lesson.
So he was unable to pass the field test or failed the breathalyzer?
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Old August 21st, 2015, 10:46 AM   #7
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I think the most important thing is where the keys are.

I was in a situation where I ran into a cop before I went into the bar, he told me I couldn't park where I was and I had to move. I had already consumed a beer or two and didn't want to move the car, so I refused. I told him I had been drinking and didn't need a dui (I was a few hundred yards from my car at this point and walking in a group) so I was going to leave it where it was legally parked. He asked who drove the car since I admitted I had been drinking and I simply pointed to the bar and said "one of my friends".

He threatened to tow it (residents of the street were complaining about all the people parking on the side street to go to the bar). I welcomed him to do so as a tow was cheaper than a dui.

4 hours later at bar closing after drinking water at the bar all night I went back out to my car to see he was still swarming the area (2 of them actually). Scared to get a DUI even though I had not drank in a while (unsure if I would actually blow or not). I decided to just sleep in the passenger seat, I threw the keys under the car.

He came and told me I needed to move. I told him I wasn't driving anywhere. Keys were under the car and he was welcome to move the car himself.

I didn't get a dui, I didn't get a ticket, and I found someone who was 100% sure they were sober getting into another car and asked them to drive me out of the area after the cop went on to the next group of people.

So, while I don't know the answer to your question, that's my only experience.
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Old August 21st, 2015, 10:56 AM   #8
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I have plenty of experience.
Four DUIs, each I was plastered, 3.6 was my ETOH high.
When I resisted or made them chase me, they merrily pummeled me.
When I complied they laughed, I laughed, we all laughed.

My life time buddy bob was at a party and drank too much. Went to his car, climbed in the back seat to nap. His wife stayed at the party and HAD THE KEYS TO THE CAR.
City PD came by, got him to open the door, arrested him for DUI, and booked him into the county jail. The Sargent at the jail, my next door neighbor, recognized the name, read the report (the cops did not lie or embellish), and took it to the watch commander who said "get a car take him home" and the whole thing was like it never happened.

The point is in those circumstances most cop don't care if it is right or wrong, only if they think they can get a conviction. It is only a job.

The last law enforcement agency I worked for would call that a chicken shit bust and I had better be using it as PC to go somewhere else i.e. Drugs, stolen property, or something more worthy. We had an unwritten policy that ANY cop flashing a badge to get out of a DUI or ticket was and automatic "hook and book".

I know that I was taught that if I give someone a break and they go on to drive and kill someone I would be personally vicariously liable for all damages, because I acted out of policy.

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Old August 21st, 2015, 10:59 AM   #9
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Cop knocked on my window and woke me up. Since keys were in the ignition and the light was green I took off.
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Old August 21st, 2015, 11:07 AM   #10
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I had a buddy who got a dui for being in the driver's seat while the car was parked. We had a sober driver that brought us home but he switched to the driver seat to talk to his girlfriend. I know he tried to fight it but I don't know if he got it taken off his record or not
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Old August 21st, 2015, 11:12 AM   #11
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Cop knocked on my window and woke me up. Since keys were in the ignition and the light was green I took off.
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Old August 21st, 2015, 11:12 AM   #12
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Just drink at home, don't get in your car. /thread.
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Old August 21st, 2015, 11:14 AM   #13
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Just drink at home, don't get in your car. /thread.
It wasn't my car!
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Old August 21st, 2015, 11:14 AM   #14
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Old August 21st, 2015, 11:21 AM   #15
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So he was unable to pass the field test or failed the breathalyzer?
j
I honestly don't recall. I'm sure both failed. He had a string of dui leading up to this, this was his last.

This was also 20 yrs ago.
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Old August 21st, 2015, 11:42 AM   #16
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Just drink at home, don't get in your car. /thread.
These types of threads are not typically "for future reference"
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Old August 21st, 2015, 11:51 AM   #17
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I would like to add a question.

If you get pulled over and are drinking non-alcoholic beer (less than .5%) can you get ticketed for open intox?

I think the answer to some questions would be how much of a dick you are to the officer.
And how much the officer wants to be a dick.
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Old August 21st, 2015, 01:16 PM   #18
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Quote:
Originally Posted by GearDrive View Post
I would like to add a question.

If you get pulled over and are drinking non-alcoholic beer (less than .5%) can you get ticketed for open intox?

I think the answer to some questions would be how much of a dick you are to the officer.
And how much the officer wants to be a dick.
I'm not so sure that's a violation. As long as you're below the legal limit of a breathalizer test and can pass all the field checks you should be ok. They 'may' haul you in for a blood test but legally if you're below the limits I think your good to go.
Plus, in Michigan is isn't considered an alcoholic beverage if it's below 0.5%

Also Michigan passed a law in the 50's prohibiting consumption of ANY beverage containing alcohol by minors so we're NOT talking minors in this question at all.

Anyone want to add to that?
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Old August 21st, 2015, 01:28 PM   #19
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Originally Posted by GearDrive View Post
I would like to add a question.

If you get pulled over and are drinking non-alcoholic beer (less than .5%) can you get ticketed for open intox?

I think the answer to some questions would be how much of a dick you are to the officer.
And how much the officer wants to be a dick.
People actually drink near beer?
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Old August 21st, 2015, 01:28 PM   #20
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Quote:
Originally Posted by kickstand View Post
These types of threads are not typically "for future reference"
I've been known to put the cart before the horse on occasion..
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