Can you

[Patrick]

be charged for anything (DUI/DWI?) for being (blatantly) heavily intoxicated with car keys in your pocket?

[tedness]

are you in a car? or just w/ keys?

[J8127]

If you were not driving, then how could you be charged with DRIVING while intoxicated or DRIVING under the influence? Drunk in public, wreckless behavior, shit like that however...

[Patrick]

Just with keys.

X, the reason I ask is because I know people who have been charged with a DUI for sitting in a car.

[J8127]

Just with keys.

X, the reason I ask is because I know people who have been charged with a DUI for sitting in a car.

I think there is a line that both sides can cross and twist. I have also heard FROM A COP that the best way to fight a dui, is to get out of the car after u get pulled over and take a big swig out of a beer or liquore. You will get a DWI instead of a DUI because in court you can say you were not over the limit until that last drink, which you wern't driving when you took. It's bullshit, but its just an example.

[93zm6tally]

You can be charged with DUI for being intoxicated in a car, moving or not. My brother was drunk and pulled off of the road because he realized it. Long story short, he was charged with DUI. This by the way was in is California, but I believe that law is pretty much in every state. Maybe Jon if he's around any more could shed some more light on this subject. I'm pretty sure you can even be charged with drunk driving if you're not in the car, if there is a reasonable assumption that you were driving, ie. walking down the road from your parked vehicle.

[Patrick]

I'm pretty sure you can even be charged with drunk driving if you're not in the car, if there is a reasonable assumption that you were driving, ie. walking down the road from your parked vehicle.

Thanks for your help. In this case the car was locked and cold.

[ju015dd]

this one just dosnt add up. there has to be more to the story, was he by his vehicle or what. i just dont see a cop giving out a dui to someone standing around drunk.

[Patrick]

this one just dosnt add up. there has to be more to the story, was he by his vehicle or what. i just dont see a cop giving out a dui to someone standing around drunk.

cop never mentioned it...a friend told me I could have been charged since I had my car keys in my pocket.

I was in the apartment, drunk, quiet, passed out...

[ju015dd]

well if that is the case then there would be alot more dui's at partys dont you think. sounds really fishy to me, your buddy was probably being a big dick to the cops so they made him an example. other than that i just dont see them giving out dui's for having keys in your pocket. what if you have your keys with you to get in the damn house but rode with a friend dosnt add up to me

[Patrick]

well if that is the case then there would be alot more dui's at partys dont you think. sounds really fishy to me, your buddy was probably being a big dick to the cops so they made him an example. other than that i just dont see them giving out dui's for having keys in your pocket. what if you have your keys with you to get in the damn house but rode with a friend dosnt add up to me

the friend whom told me this was not there, I talked to him today (the day after)

He told me if the cops wanted to be assholes they could have...I'm just trying to figure out if this is true or not.

[Heather20]

X what the fuck do you know about this, your 16?

[Turbonium]

You have to be in the car with the keys and usually in the drivers seat. A lot of people get DUI's while pulled over puking or stopped because they know there drunk. Tell your friend to fuck off because he was completely wrong.

[4348rd]

I believe you are supposed to have keys in it and setting in driver's seat before you can be charged and not moving ,but they do cross the line sometimes

[93zm6tally]

My brother was in the back seat sleeping. I'm not sure if the keys were in the ignition or not, nevertheless, he got a DUI.

[tanglewood]

My brother was in the back seat sleeping. I'm not sure if the keys were in the ignition or not, nevertheless, he got a DUI.

You can get a DUI for sleeping in your car drunk. You can get a DUI for walking to your car drunk if you have keys in your hand. Bad thing about that is if you were going to your car to get something when your at a bar. It really depends on the cop, but you can get one. I would imagine that if you had your keys in your pocket, you were near your car, you were drunk, and the cop could argue that you were about to leave, then you could get one. I had one back in 96 and this is all of the shit that they tell you in the class.

[Kinson Cook, Jr]

My brother was in the back seat sleeping. I'm not sure if the keys were in the ignition or not, nevertheless, he got a DUI.
I have heard that if you have access to the keys you can be charged with DUI since you could get behind the wheel and start driving.

[slmdLS1]

be charged for anything (DUI/DWI?) for being (blatantly) heavily intoxicated with car keys in your pocket?

is there a pooint to this thread???? or is all this "you can", "you cant" for nothing?

[Patrick]

I was just curious as to whether that statement was true or not (just having keys in pocket, not in car). If it's true, I need to count my blessings again.

[madderhatter]

Maybe he was referring to the new definitions of DUI/DWI, as approved by the legislature. Drinking Under (the) Influence and Drinking While Intoxicated. Yeah, that's it.

[burnoutking999]

The LAW states that you have to be driving or in the postion to drive. for example you have to be in the car with the keys in the ignition. the officers however are able to cite you for anything they want other wise and you can dissprove it in court.

In addition, lets say you are sitting on the side of the road and in the backseat and the car is cold. lets say you blow a certian alchohol level, then they can say that there was no bottle in the car and you had to get there somehow etc. that would be a lot harder to disprove then if you are in the parking lot of the bar or something. a good lawer and a airtight story/facts are in order in any of the above situations if you want to escape with your record intact and then your are still depending on the justice system to work perfectly.

[Greg Kulbick]

I think I heard someone say you can get nabbed for having your keys and being within a certain number of feet of your car. Not sure on the specifics.