Getting a DUI without driving is awesome.

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http://autos.aol.com/article/can-you-get-dui-without-driving/
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Can you get a DUI without driving? Though it seems an oxymoron, the answer is yes. You'd be surprised how many drivers don't realize it could happen.

Consider the Florida man whose roommate objected to his choice of late-night music, so he took his tunes outside to listen to in his car. That turned out to be a big mistake. He was arrested on suspicion of DUI after deputies knocked at his window and decided to conduct a field sobriety test, which he failed.

Or the case of a North Carolina woman who was arrested at a fast-food joint after she was found asleep behind the wheel with the engine running. Or the New Jersey camper who was found passed out in the back of his pickup at a campsite and charged with DUI. Or farther afield, the Alaska man who was stuck in a snowdrift and found to have a blood-alcohol ratio more than four times the legal limit, or the Canadian man who was seen pushing his vehicle by deputies and subsequently failed a field sobriety test.

Tales abound across America of drivers who were found asleep in their vehicles, usually incapacitated, and were stunned to find a sheriff's deputy or patrol officer knocking at their door. Usually when confronted with a dazed driver who may quickly become belligerent, a field sobriety test is pretty much automatic. And then, often, it's into handcuffs and a trip to the calaboose. Some drivers, even then, don't realize why they've been busted.

"Actual Physical Control"

Florida lawyer David Haenel has defended many "DUI without driving" cases, including the man with the loud music and the complaining roommate, and says it's a common occurrence. A former state DUI prosecutor of the year who switched sides and now runs the site fightyourdui.com, Haenel says that drivers usually are convicted by the legal precept of "actual physical control" of any vehicle.

In the Florida case, the man had his keys in the ignition to allow his music to play. Some drivers found impaired in their vehicles have turned on their car for heat or AC, Haenel explains. Usually, such drivers are found asleep, but as their keys are in the ignition or on their person, they are found to have "actual physical control" in the eyes of the law.

"A person may be sitting in a vehicle and the keys may be in the ignition. They may have no intention of driving the vehicle, but the car is on," he says. Haenel says such laws are "uniform" across the nation.

Actual physical control, by definition, means the defendant must physically be in or on the vehicle and have the capability to operate the vehicle, regardless of if he or she operated the vehicle at the time.

Haenel says often drivers have no intention of driving, that they've either left a party or drinking establishment, realized that they are impaired and decided to sleep in their cars. Usually they're startled by an officer, who often will realize the driver is impaired and administer a field sobriety test.

If the driver refuses a breath or blood test, the same rules apply as for a regular DUI test. Often, a driver will lose their license for a period and be expected to attend DUI classes. A heavy fine is almost always levied, and a driver will face a hike in their auto insurance.

Haenel says if a driver has been proven to have actual physical control of a vehicle, he will often try to get surveillance video from the surrounding area in a bid to prove that a driver had no intention of driving, that they had been parked in the vehicle for several hours, which could show the driver had no intent to drive.

A simple way to avoid such charges, of course, is to not drink to begin with, or arrange alternate transportation or a designated driver. But Haenel says the best way to avoid an instance of DUI without driving is to "get rid of the car keys."

"They should put them underneath or on the passenger side tire, if they have a release for their trunk, that would be ideal. But most people don't think of that until they're in handcuffs."
I understand the law, but not sure I entirely agree with it, if you have had too much to drink, and you decide to stay in your car for shelter and warmth or A/C depending on the weather, I think that's pretty smart. a DUI is Driving under the influence, not Sitting In Your Car Waiting To Sober Up Under The Influence.
 
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Typically for America

Here in Europe in my country you can drive drunk and nothing happens because police man doesnt see how drunk you are because of his own drunkness :p
 
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Typically for America

Here in Europe in my country you can drive drunk and nothing happens because police man doesnt see how drunk you are because of his own drunkness :p
Or another case, when you're drunk and go home on foot. Police arrests you with the reason of something like "was drunk walking in public places and offended other people's dignity" (yeah, WTF) and after driving you to their office and giving what's necessary, lets you finish walking home on foot.
 
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Pretty much we have bars that serve drinks but you gotta bring someone who doesn't drink to drive them home. But If I remember you aren't allowed to have open alcohol in the car either even if the driver isn't drinking. I remember I almost got charged with a DUI last new years because I was sitting on the bumper of a car in the road at my friends house..... So I ran and he said "Thats ok, Run all you want I got your license plate right here". Even though that wasn't my car clearly since he asked "Whats your name?" and there is a sticker in the window that says "Earl" and my name is Chris.


TL; DR : Cop tried to arrest me for sitting on a random car's bumper drunk.
 
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Over here you're only breaking the law if you have the keys in the ignition or the engine on, and you're either in the drivers seat or only person in the car, since it shows you may intend to drive. If the police can't prove that you intended to drive the car you can't be prosecuted.
 
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my sisters Friend got arrested for beaing Drunk in charge of a shopping trolly
 

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Yea that's called Public Intoxication. And yea it's a given, if you are in the driver seat of a car and have your keys, car running or not, you're probably going to get a DUI. There is just too much collateral damage from driving under the influence of alcohol, so yea you're going to see some harsh laws on it.

And good ol' Texas is actually going to start reducing the penalties for first time DWI.

not DUI (Driving Under the Influence.)

******* DWI (Driving While Intoxicated)

You are so stupid, Texas.
 
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It saves lives.

'effin lightweights.
 

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