can cops please answer this question... I can't seem to find an accurate answer

[raylyotomachida]

If I go out to a bar, club, or house party, and I am too drunk to drive can I sleep in my car if…(I have read numerous things about this so I come well prepared)..

1.Here is what I do. I find the club/bar/house party in advance. I park like 2 or 3 blocks away in a neighborhood (this eliminates officers saying “how did you drive to that destination, or you must have been drunk when you drove to this spot)

2.I usually have a 9 seat suv where I sleep in the back 3rd row seat, but sometimes I sleep in a 4 seater car in the back seats. If I have a two-seater can I sleep in the passenger?

3.I bought a magnetic key holder- I stick my key in there and put it under my car. The keys are nowhere near me, they are under the car and I cannot physically get them.

4.I also bought a 300$ breathalyzer – so I wait until I literally blow a 0.00 before I drive home the next morning

I am taking all the precautions to be safe…[Soft Break] [Soft Break] Will I get a DUI? I basically can’t go out anywhere and never can do anything because of this. NO ONE ever wants to be designated driver and I live 2 hours away from the city so a cab will not even bother driving there. Hotels in the city are like 200$ on Friday and Saturday[Soft Break] [Soft Break]PLEASE tell me.. is it legal what I am doing? Is there any possible way to get a dui?

[retdetsgt]

I'm not DUI expert by any means, but I know people are arrested for that all the time.

If you drink enough to need a breathalyzer, maybe you should think about Alcoholics Anonymous.

[CPL1897]

DUI/DWI Laws vary from state to state, but Ive noticed most are similar..In.FL the operator (driver) can be arrested for DUI for (1) operating or being in physical control while impaired by alcohol/drugs (2) vehicle can be "readily" driven by occupant..here in FL if you are in the drivers seat and keys are "readily" accessable (pocket/console/visor etc.) you CAN get arrested (doesnt mean you will)...If you were in the back of a van/suv and the keys were not in the vehicle I wouldnt worry about the DUI..

WITH THAT SAID...I can understand the cab/hotel costs etc. causing you to find alternate arrangements rather than driving..I can respect you for the precautions etc. so you dont KILL someone or yourself or get a DUI..But I would think if driving 2 hours away to drink too much to drive is something you do on a regular basis you may have a acohol problem..

ALSO..Parking blocks away or in a neighborhood late at night could cause you more trouble than a DUI..Walking through a neighborhood or by businesses/houses etc.. when the average person is in bed will definately attract OUR attention (we think hmmm this guy may be a burglar/dealer/criminal) so we are gonna stop you, ask to search you, identify you and put you in the computers (thats our job)... then you intoxicated in public (crime)..

My opinion, kudos for not wanting to drive drunk but your setting yourself up for other problems..AND mostly BAD GUYS are out at night, so if we dont mess with you theres a good chance some "mugger" will..

[mcsap]

I guess getting arrested for Public Drunk is better than a DUI.

[Citicop]

Even if you COULD get arrested for DWI here (the things you describe would not be convictable here even if you were arrested), I don't know any officers in my area who WOULD arrest you for DWI if you were asleep in the car with the engine off and no keys in the ignition.

I'm a "DWI guy" and I write more than my share of them. But if you make the right decision on your own, there's no WAY I would penalize you by arresting you, even if I could (which I can't).

-Citicop.

[CPL1897]

Like I said, I give the guy kudos for being responsible and not driving..but am I the only one that sees the "parking blocks away/neighborhoods etc. potentially causing him some unwanted attention/problems..??

[CPL1897]

He asked for answers/opinions..I know here if we see someone walking the neighborhoods at night theres a 90% chance they are up to no good..but we also have an average of 10 burglaries every night and 3-4 during the day...Just my advice...

[Joeyd6]

How about you just don't drink enough to get drunk? Or, you take a taxi.

[icu650]

Buy the bar, name it "The Back Seat" and build a owners quarters in the back.

[CPL1897]

Buy the bar, name it "The Back Seat" and build a owners quarters in the back.

I take back my previous posts!! "The Backseat Club" is the BEST advice yet!!!

[TEXASCOP]

When I run into folks such as yourself, I normally just arrest them for Public Intoxication. In Texas, you are still considered in public while your are sitting in your car. I always fear that if I cut this person loose, they could start up that 4000 LB chunk of medal and smash it into one of my friends or family members. A Public Intoxication charge is not nearly as bad as a DWI. To answer your question, yes it is illegal. I would not likely charge you with DWI. You also have to realize you are going to get a lot of different answers because we can use discretion.

You sure go to a lot of expense to keep from getting a DWI. Maybe you should just grow up

[ET109]

Depends on your locality. In mine there is no simple public intox law. You can be as drunk as you want in public, as long as you don't threaten someone else's property or person (like by staggering into a car). Our DUI laws would almost certainly not cover someone with the keys not on them or in the ignition- in fact, we usually don't go for the arrest unless someone has it in gear. Other places have a lower threshold.

Course, if your municipality doesn't allow sleeping in cars, that's a whole other story.