Can a cop still get you for DUI even if you're pulled over on the side of the road sleeping and resting?

joeanonymous

Filkor has it right.

Here in Canada we have a charge called "care and control of a motor vehicle when your ability is impaired by alcohol" That usually means sitting in the driver's position, in possesion of the keys or keys in the ignition, radio on, heat/air conditioning on, basically being in control of the vehicle.

Here in Canada we can't take blood samples without a warrant, but any test results will have to be provided before trial and there will have to be proof about how the readings were obtained, so lying is not really an issue here.

i_love_my_mp

Yes...
First of all, he was driving, but because of construction decided to stop in the middle of the road (median) to "sober up and rest"...

Ah hello, he's going to be charged and found guilty of DUI and will probably get a hefty fine, unless of course it is his second or third offense then he may go to jail for a month or three.

â€¢Poppyâ€¢ Wait&See

Yes, if he was in the driver's seat, because he had to drive to get there....

cclover _

Your "bf" was still in control of the vehicle...so yes. If he opted to take a blood test, he would have been taken to the hospital first, then back to the jail. No, the cops cannot lie about BAC levels because the officer has to testify to it in court, and so does the Doctor or Nurse that drew the blood. He would have been held in either detox or he was in jail on suspicion of DUI...and just think...he didn't kill anyone because he was able to "rest" in a safe place...far away from his vehicle...

bolyburg

i know people whom that happened to. they were convicted.

Jess

I just got into a debate about this today.

Techncally, if your keys are in the ignition, even if the vehicle is turned off and you are asleep, it's still OUI. There has been debate about whether if you're in a different seat than the drivers' seat if it'd still be an OUI - there was a case where the person was sleeping across the two front seats with his head facing the passenger side and his feet on the driver's seat - because his torso wasn't in the drivers' seat, he was found not guilty.

And if he refused a breathalyzer, in some states it's an automatic arrest and loss of your license.

So remember, if you're drunk and sitting in your car resting - keep the keys out of the ignition.

Alex

Well, unless your boyfriend has some sort of magic powers, he must have DROVE to where he was found parked. Whoever is in the driver's seat, is in possession of the vehicle and responsible for it. Oh, and sure the cops will lie about the blood tests. It's all one big conspiracy to get your boyfriend. I don't know your state's laws, but most likely if this your boyfriend's first DUI arrest, and he is convicted, he could face up to a year in jail, a fine, and license suspension.

filkor

If he is guilty then he will be charged with DUI. No the police will not lie about the test because you or your lawyer will get a copy of the test. if it was a blood test it will be done by an independant third party. if it was a breath test then he got a printout of the results in his paper work. if you are drunk, in a vehicle WITH access to the car keys, you have the means, and the ability to operate said vehicle while under the influence. so it doesnt matter if he were parked on the side of the road, on the median, in a parking lot, or in his own driveway... DUI... YOU DRINK, YOU DRIVE, YOU LOSE!

Steelers Fan

well your boyfriend WAS driving. I really hope he does get a DUI. I'm sorry but i hate people who drink and drive.

DOOM

Yes. He had to get to the side of the road somehow. It's doubtful that he walked to his car that was already parked there. The police can't lie about the results of the blood test.

MAN IN UNIFORM

AS LONG AS HE IS BEHIND THE WHEEL DRUNK HE IS IN CONTROL OF THE VEHICLE ITS A DUI NO MATTER HOW YOU LOOK AT IT .........

workn2hard116

In the state of TN, he can be charged with DUI and get convicted. He has the keys in his possession, he is in the car, and the car is in the median. If his blood alcohol level was high enough then yes he can be convicted. Remember that every state is different in regards to their laws. I suggest seeking an atty if you feel this was wrong.

Police Explorer

Yes the cop could still give him a DUI. this is because he was behind the wheel and apparently alcohol was detected because he was asked to take a Breathalyzer. Additionally it takes more than a few minutes for you blood alcohol level to even out and to sober up. You bf could find out the results by simply asking. and no cop should lie to you regarding results.

lpdhcdh

The consequences are that your bf gets a well deserved DUI, loses his license, pays a few K in fines and hopefully learns not to be such a loser.

No point in the cop lying about the BAC level in drunkie's blood. The test will come back in a couple of weeks, no registered laboratory are going to conspire with a cop to fake the results of some drunk's BAC level.

Isaac O

DUI stands for "Driving under the influence", so, if your bf was not driving he does not fall under the letter of the law. The cop should have given him an award for playing it safe enough to pull off the road and not endanger anyone. Kudos.

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