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Additional Details
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Jeremy L
Can you get charged with DUI if you are sleeping in the back of the car and hide the keys outside the car?
Im planning on going to a grad party.... easier to sleep in the car...



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Edward
You can't get charged with DUI if you're not driving. You might still be charged with public intoxication. Why the heck would you hide the keys outside the car? Somebody is going to steal them!

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vinster82
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Edward is not quite correct. If the keys are in the ignition and you're in the driver's seat you can be charged with DUI even if you're passed out. Back seat is OK but as stated above you may be sited for public intoxication.

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Communist Slayer
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Let's see, you're sleeping,Right?
I've known truck drivers that have attempted to drive from the sleeper berth, but failed miserably!!

So no, if you are not driving then you are not driving!

If a pretender cop is stupid enough to try and charge you with such a crime, go after his *** with everything ya got......little common sense here.

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Mr. Goodhi
No..

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MICHAEL B
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One of the main components for DUI is "actual, physical control" of the vehicle. If you're anywhere inside the car and you have the means to start it, your'e in "actual, physical control" of it. If you dont have any keys on you or in the vehicle, then your'e safe. And no cop is gonna waste his time with "public intoxication", whatever that is, unless you're causing problems in public.

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ann
Rating
DUI is Driving under the influence. So no it won't happen.. But make sure you are parking in a legal spot, and that you ahve no open containers in the vehicule.

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Lonya D
when I was charged with dui (6 years ago) I had to attend a dui class and I learned that the answer to this question is YES. A lady in my class at this time was charged with dui while sleeping in her backseat and having put the keys in the trunk!
So unless the laws have changed, you should not sleep it off in your car.


Don't be fooled. If the police think they can prove that you did operate the vehicle at some point during your intoxication then you can/will get arrested. It has happened before, check out these websites:

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Robert Austin
Rating
I recommend you make other arrangements - at least you're planning carefully and not driving off! You can still be arrested for public intoxication. If the officer feels you are a danger to yourself, meaning you might wake up and decide to drive off, he will take you in. Arresting for P.I. takes a lot less probable cause than DUI, and is really subjective, up to the opinion of the officer if he thinks you might be a danger to yourself or others. Find a buddy's living room couch somewhere and have fun at the party.

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demos_jones
Alrighty, some outright misinformation here, and some that's correct, but only as far as it goes.

If the keys are not in the ignition, and you're not in the driver's seat, then there can be no DUI. And no public intoxication either. The reason is that public intoxication requires you to be a reasonable risk to the safety of yourself or to others. Simply sleeping in the backseat is not a presumptive safety issue.

Now, can a cop still make a hassle about it? Sure. It's happened before and will happen again. But very unlikely as most cops do have better things to do with their time.

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STEVEN F
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Where is the car at the time? More to the point, could the car have gotten there without being driven from wherever you got drunk? If you pulled of the side of the road, there is prima fascia evidence you drove to the side of the road. If you are in the parking driveway of wherever the party was held, why not leave your keys INSIDE with someone you can retrieve them from after you are sober?

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David S
Yes because the presumption is that you had to drive the car too get there in the first place. The keys being outide the car have absolutely nothing too do with the ticket. You can sleep in your car if you choose but if you are drinking it will not save you from a DUI. Good luck and have a good time at the party. If you are graduating you shuld be very proud of your accomplishments.

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Cookie
Rating
Lonya and everyone else that said YES is correct.
I had to go to a DUI class recently and you would be shocked to hear some of the stories how the people ended up there.
The laws have changed and officers have a lot more authority to charge you with DUI or DWI. They have received better training and they KNOW the tricks! LOL But honeslty they can.
If you are in the back of your car and you are drunk and there is no one else around, and the car is registered to you and you blow a .08 or higher you are going to be charged with a DUI keys or no keys. If you blow less but you fail the FST field sobriety you can still be charged.Do you know how many people have already thought of this?
Don't even try it! The pain and time and money you will spend trying to get out of it isn't worth it. you will still have to sign up for the DUI classes and pay for that while you are fighting the case! Just take a cab or PAY someone to drive you. The average first DUI costs up to $10,000 after the court fees, probation fees, insurance fees and DUI classes not to mention what an attorney (good one) costs.
There was a guy in my class that would go to a party and put his keys in a glass of water in the freezer so when he went to leave the party, he couldn't get the keys until they thawed out and by that time, he wasn't drunk! LOL
The world of DUI is very serious now and VERY few people "get out of it" It is not worth it!

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Leo P
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Someone said that you can get charged with public intoxication? But I thought this was the land of the free? If you are asleep in the back of your car what harm are you causing? Personally If I were arrested in the back of my car I would sue the **** out of the cops for unconstitutional actions.

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Rick and Andrea
I'm going to guess and say "yes." The main reason being that yes, you're sleeping in the back seat, and no, you're not driving the automobile. The keys are hidden, which is good, however therein lies the snafu. YOU hid the keys. So, in effect, they are not 'hidden' at all. You could sleep for an hour or two or whatever, wake up, still intoxicated, unaware of where you are or what you're doing, remember where you put the keys (how likely that is, i don't know :-)) and drive off. If that's the case, the officer could argue that though you weren't driving while under the influence, you do have access to the keys. Good question, but i'm sure that if there's a way you could be busted for this, the cops will find it. Best advice was given above: Find a sofa and crash on that, or make arrangements so you can avoid this possible scenario altogether. Have fun at your party.

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goz1111
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this is a key issue: keep the keys in your pocket do not step in the front drivers area, now if the police should show and state you can not sleep hear move on, politely state you can not drive at this point and if they see fit please issue a citation, now if you are really drunk and abusive the cops could be pricks and arrest your for public intoxication but if you are just sleeping they would be real pricks to do so

but they may imply that its OK to drive away do not fall for this tactic they will come after you for DWI if you do that

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americanfreeman
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most certainly... happens all the time

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Real_Pizza_man
Yes, At least in Minnesota. As long as the keys are near you you are screwed! So if they find your keys near the car you can be charged! If your that drunk you are better off going away from your car , far away and trying to sleep in a Field or a park at least then you only get picked up for vagrancy and not DUI.

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CGIV76
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Even if you hide the keys, you still know where they are. You could be charged with being in physical control of a motor vehicle while under the influence.

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