Parked while drunk?

Robert D

No, I think they talked it over and realized he probably did the right thing and decided to let it go. It probably wouldn't fly in court. It is possible that he never drove the car while drunk, He was just sitting in it getting warm. If they had charged him, he would know. They just made a good old fashioned judgment call, hopefully he is a bit wiser.

Dee

Yes more than likely he'll be charged with a dui... even though he was parked, he left the car running, and / or if the keys are in the car and he's parked, he is still behind the wheel... it's borderline.. it just depends on the laws in your state... in Ca.. they will arrest you and charged with a dui..

Mickey Mouse Spears

He was probably charged with DUI. If you're in your car and your keys are in your ignition, you're considered to be in control of the vehicle (driving).

Correction to previous poster's comment:
You don't have to be read your rights unless you're being questioned, and they won't throw his charges out if he's questioned without being read his rights -- they will only throw out any statements he made prior to being Mirandized.

Joe

That sounds a bit ambiguous, but it seems like your brother just caught a break there.

Joseph M

The DA can take their sweet time. I have heard that you definitely can be charge with drunk driving even if you are in your own driveway sleeping. From what I have heard, there are so many fine lines that have to be crossed for it to stick. If you ever are in that position, I've been told to remove the keys from the ignition and crawl into the backseat. It's all about intent. If you are behind the wheel, that could be construed as intent, even with the car off.

The way to tell if he was charged was to call them up and ask.

stefstudy

if he had no ticket and the officers didn't know than no he wasn't charged with anything. they just wanted him 2 sober up

Walter C Vaughn III

Best thing to do is to wait until Monday and go from there. Over the weekend there is so much going on. Thou if your brother was parked, he should of had the car off instead of on. That shows neglect on his part and maybe even DWI.

fayem7

He was in the car with it running good luck

From Yours Trully

Did you dad have to post a bond?

Sounds as if the officers just slipped up or they were trying to do your brother a favor by getting him off the street. He could have been charged for DUI even though he was sleeping in his car. Do you live in a small town where everyone knows everyone?

Interesting about the tag though. I've never heard of this happening. Did they have the vehicle impounded?

Sounds to me like someone got pretty lucky.

He was probably charged with a DUI. You don't have to be driving but in his case he obviously showed signs that he had been driving, car running, keys in the ignition. I'm sort of suprised that they didn't read him his rights although I might question if he remembers it. He might be lucky enough so that they figure a night in jail was enough to scare him but I think a DUI citiation and a court date will be coming soon.

Gary W

He could have been arrested for public drunkenness but it appears that he was not. If he was charged with anything obviously no one wants you to know.

Sami V

He will be eventually!

shorty

If his keys were in the ignition he could be charged with dui. have him call the police station tomorrow to ask if there are any pending charges against him.

KneeDeep

if he was held he would have to be charged with somthing if he wasnt charged with anything and still held in the tank its considered false imprisonment wich can lead to a law suit in your favor.

Kevin F.A.R.T.

I think they just taught him a lesson...harshly

dpilipis

Operating a motor vehicle is illegal. What "operating" means, can vary a bit, but since the car was running, he may be on the hook.

However, to lawfully charge someone with an offense, some notice that you are being charged (and with what) is required. Typically, a ticket, or being arrested and brought down to to jail.

Something here sounds fishy.

B Z

Very strange if he did not receive any papers, or even told him what he was being arrested for. I'm not sure if all that's even legal police procedure. Especially if they were tampering with his license plate (took it) and his vehicle.

Sounds to me like the poor guy is a case of unfortunate police harrassment. Even if he had been driving and was near to home.. cmon after midnight, the guy blows a 0.09 and not a 0.08 and you can't give him a break, even if it's just to rest a bit. Sometimes cops can be real aholes.

Hopefully they had smartened up and decided to let him go.

pinkyismygirlfriendniluvhur

I'm pretty sure if they didn't actually observe him driving, they can't charge him with DUI

25 years ago I got a PUI, pushing under the influence, was out of gas and pushing the car to the gas station

nanna

Don't sound like it,Whats the deal with the licenses I wonder,Ya'll must not be in arkansas,if it would have been me they would have charged me with DWI and put me in jail and I would have had to stay untl I found a bondsman,they would suspend my license until I went to DWI class and it costs 150$

Crazy lady

They will charge him for DUI he had the keys in the car and running it. Stopped or not that is DUI.

Jan

He could be charged with DUI. Doesn't matter if the car was moving or not,he was in possession of the keys AND the car was running. Considering they took his plate,I would think he may be charged with something. A friend of mine did the same thing,she pulled off the road,had the car off and was still charged with DUI. They figure,you did drive while drunk if you got where you are.

c1980lloyd

maybe we could print this out and give it to the police as a confession of drunk driving if you want? your brother is an idiot.

Thomas Paine

If you can prove you've been living in your car for the last 24 hrs. you're safe.

when they arrested him was he read his rights? if not you can get it thrown out

Laura Duh

No, He Shouldnt Be Charged With Anything.

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