 
|
looneycop
 |
In Virginia, the requirement is that you be "in control of the vehicle." The courts have ruled that if you are sitting under the wheel, and you have the keys, either in your hand or in the ignition, you exercise control over the vehicle, and you can be charged with DUI.
Personnally, I find it a bit picky if one is merely holding the keys, but if they are in the ignition it is a different story altogether. However, the purpose of these rulings is to prevent someone from simply pulling over and turning off the vehicle to prevent a DUI arrest. |
|
CGIV76
 |
If a driver is under the influence, and can be proven that he/she can control the motor vehicle, then they can be charged with being in physical control of a motor vehicle while under the influence. The answer to both your questions is yes. (Illinois) |
|
TxTopCop
|
For a DWI case to be filed, as a police officer you must observe the person operating a vehicle while intoxicated.
However, your two scenarios above, the person could be arrested for public intoxication. |
|
6.02x10e23
 |
In some states, the charge would be "Actual Physical Control of a Motor Vehicle while under the influence of intoxicants or alcohol." And any person who meets the intoxication requirements for DUI can be charged with it if they are sitting behind the wheel, and have possession or access to the vehicle's keys. In other words, the keys don't have to be in the ignition. If they're in your pocket or in the glove box, etc., you can still be arrested and charged.
Once again, this depends upon the state in which it occurs. |
|
richfraga
|
depends on your state. for me if the keys are in the ignition and parked.yes he can go to jail. if he in the car ,key not in the ignition has the keys on his person. yes he can go to jail. they see it as intent to drive drunk |
|
Kevy
|
You have the ablility to drive the vehicle and for all the officer knows you drove it to that spot while intox. Yes you can be charged with OVI or DUI or DWI, whatever it is in your state. |
|
daisybloom47
 |
depends on the state...but in alabama YES....i know this for a fact....you can get arrested for dui in alabama even if you parked and went to sleep it off and you weren't even driving... |
|
Brandon A
|
That depends on where he is parked. If he is parked in a legal parking spot he cannot be arrested for DWI. If he happens to be parked in the middle of a six lane highway he can. |
|
The Christopher
|
They have been arresting people for DUI who were drunk, sitting in a car, but the U.S. Supreme court has ruled that the individual could have been sober and gotten drunk after he got into the car. But there may be an open container ordinance in your state, which means it is illegal to get drunk,even if you got into your vehicle sober and then got drunk. |
|
pastor carl
|
yes they can |
|
Cookie Monster
|
Debra Barrone went to jail for that very thing on Everybody Loves Raymond. |
|
Leigh B
 |
In the UK, if the car is parked with the engine running, it's DUI.
If the the engine is not running, but you are in possession of the keys, its a lesser charge of 'drunk while in charge of a vehicle'.
This used to lead to drunk friends swapping keys and sleeping in their cars... not got the right keys, can;t be charged... so now they just charge you for loitering and drunk and disorderly.
this is UK law though...
P.S. If you had a serious fight with your husband over a stupd thing like that, you should probably seek some sort of councelling! |
|
rudeguest
|
He may go to jail if the keys are in the ignition BUT not driving charged with O W I and go to jail , if he has possession BUT the keys are not in the ignition it could be public intoxication and pending how much he had to drink they will take him in to avoid him driving away afterwords. |
|
coach
|
If you are behind the wheel with acess to the keys you can be charged whit DUI |
|
seashell9
|
No, the keys have to be in the ignition. |
|
Southern Belle ☆
 |
You get a DUI/DWI for driving under the influence of alcohol or drugs. So, no you can not get a DUI/DWI when you're not operating a vehicle. Keys in or keys out of the ignition, the vehicle is not operating. If he steps out of the car he can be cited for public intox. There is nothing that can be done to you for sitting in your car, buzzed or not. |
|
mnwomen
|
In my state you can be arrested for both scenarios. If you are in physical posession of the keys it shows you can drive away. |
|
poopsie
|
In some states, if you are parked at a bar, and you are intoxicated !! you can be arrested for being in or around a vehicle, while intoxicated!!!!!! depends which state you are in, I suppose, some states don't tag ya for sleeping it off in your car !!! but others no way ! |
|
Jay Seven
|
it falls under public intoxication
and most times they will be sent to jail
and the fact that they are in the driver seat
makes it even easier to take them in |
|
~*shea*~
 |
An officer can arrest you in both scenarios, but they would have to prove that you operated your vehicle at some point. For example, our deputies where I work would most likely not arrest you if you are parked in the parking lot of the bar you were drinking at and the vehicle is running and you are sleeping. For all they know, you could have just been using the air condition while sleeping it off. This would prove that you didn't want to drive because you were too intoxicated. So basically is up to the officers discretion whether or not you go to jail but the deputy will have a good case to prove in court that the vehicle was being operated. |
|
shandy1212
|
If keys are not in the ignition he can not arrested, but public intoxication he could get sited for. check with your state laws. |
|
Grace!!! Your brand of heroin!:D
 |
it depends where abou you live but in the UK i think it would be 1)yes but 2)no |
|
Left-T
|
He will or can go to jail, depending on how many offences if it is like Canada, if the car is idling and he 's in the car.
But, nothing can be done if he is just sitting in the car with the keys in his hand. He's not driving, the car is not running. so what can they charge him? Trying to steal his own car ?
In Canada, the worse that can happen is ....they won't let you drive and impoound the carand if the car is running but heis not driving, that has to be proven. |
|
Mountain Dew 88
|
If the keys are in then he will definately go to jail, even if the car is not started or running. |
|
#1con
|
The answer is, all of the above. |
|
Jeff Sadler
|
Each state is different. However, in FL a judge ruled that if a man is drunk and the keys are in the ignition and he is in the car then he can be ticketed. To my knowledge this is a FL ruling by a FL state judge. Therefore it does not apply elsewhere and each state would have to have its own rulings.
I believe if the keys are not in the ignition then it shows the man had no intention of driving, but I am not really sure on that. The above case though did make the 6:00 news, when a man was ticketed and fined (or perhaps he was arrested). |
|
thetrueantichrist666
|
You are liable to be arrested and given three penalty points and a £60 fine if you are intoxicated while sitting in the driving seat whether or not you have the keys in the ignition or not.
Hope it helps. |
|
Linderfan
 |
In GA, it is not a matter of driving per se, it is are you IN CONTROL of the vehicle. However I would see a hard push to convince a jury that he was controlling the vehicle if the vehicle was rendered inoperable. ie: Keys not in the ignition. |
|
<3phuckme<3
|
im gonna have to go with 1)yes 2)no thats just my guess |
|
|
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
