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Old 11-01-2013, 03:27 PM   #1
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Exclamation Dui while parked ( not me thank the lord)

To all my law enforcement friends (Or those in the know) I had an interesting conversation with some on the other day. It seems that he was arrested for Dui while sleeping it off in the parking lot of the bar he had been drinking. The gentleman in question says (his side of the story) that after a night of parting he knew he should not drive so instead he decided to climb into the back seat and sleep. His keys were on the seat in front of him. First off can this happen (I don’t know the guy all that well) I mean sleeping in the back seat and still get arrested for Dui? And how would this affect those of us in a RV. I mean I love to have a couple (6 packs) beers after a long day driving and sometimes that takes place in a Wally world parking lot. So if I do indulge do I have to worry about getting arrested while in my RV which I consider my home away from Home? Any input would be great
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Old 11-01-2013, 03:33 PM   #2
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It looks like you can in Florida.

Florida statute §316.193(1) says you are guilty of DUI if you are driving or in actual physical control of a car while impaired. Actual physical control has been interpreted to include someone sleeping in a parked car with the keys in their pocket. This means that you can be arrested for DUI attempting to “sleep it off” in a bar/club parking lot, because the law does not recognize “sleeping it off” as a legal defense. For more information about your rights, contact Orlando DUI Lawyer Shane Fischer.

I also found similar laws in other States.
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Old 11-01-2013, 03:34 PM   #3
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I have heard similar stories that maintained if you are drunk, in the car, with the keys, you can be nailed.
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Old 11-01-2013, 04:36 PM   #4
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It looks like you can in Florida.

Florida statute §316.193(1) says you are guilty of DUI if you are driving or in actual physical control of a car while impaired. Actual physical control has been interpreted to include someone sleeping in a parked car with the keys in their pocket. This means that you can be arrested for DUI attempting to “sleep it off” in a bar/club parking lot, because the law does not recognize “sleeping it off” as a legal defense. For more information about your rights, contact Orlando DUI Lawyer Shane Fischer.

I also found similar laws in other States.
That doesn't even make sense. How can you be in "actual physical control" of the vehicle from the back seat? I would fight that one for certain. (Not that I have ever slept it off in the parking lot, haha.)
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Old 11-01-2013, 04:39 PM   #5
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Yep.
Happens all the time here in the Sunshine State.
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Old 11-01-2013, 04:45 PM   #6
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That doesn't even make sense. How can you be in "actual physical control" of the vehicle from the back seat? I would fight that one for certain. (Not that I have ever slept it off in the parking lot, haha.)
I guess one way to look at this would be that if you were drunk and you were sleeping in the car with the keys in easy reach, you might, in your drunken state, still decide to fire it up and drive. As far as police entering your MH or RV to see if your drunk while.parked in a lot somewhere, that's a different issue involving definitions of home vs motor vehicle. Probably not a problem unless you are stopped driving the unit under the influence.
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Old 11-01-2013, 05:41 PM   #7
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Another example of revenue generation at work.
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Old 11-01-2013, 05:56 PM   #8
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This is where I get confused yes my coach is my home but it is also a motor vehicle. So at what point can one get in trouble for drinking in the coach. Have friends that are LEO and they have yet to answer me on this. So if and when the do I will post here. I know all states differ on things like this so I thought I would try here as well to see if any of you outside of Maryland have any input from your states
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Old 11-01-2013, 06:00 PM   #9
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RVRon is correct. Usually the DUI's asleep are on the shoulder of the road and the only person in control of the car. Asleep in an RV in a parking lot or even a rest stop would be an exaggeration of the event unless maybe someone complained that you hit them when you came in or ran over curbs and did damage, etc.
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Old 11-01-2013, 06:20 PM   #10
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In Scotland where I was raised it was much clearer. There was a "Driving while Intoxicated" offense, but there was another one called "Drunk In Charge of a Motor Vehicle" which was regularly applied to the "sleeping it off" situation. IIRC Drunk in Charge did not carry an automatic disqualification.

Regarding the MH situation, I think it would be a much stronger defense if the jacks were down, slides were out and slinky stinky hooked up. A reasonable LEO should accept that there is little chance of driving off on a whim.
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Old 11-01-2013, 07:47 PM   #11
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Yes, depending on local Judicial Interpretation
(which is something I hate).

The idea here is that the person at any given time, could move from the rear seat to the driver's seat, insert the keys and drive off, while intoxicated.

In Virginia it was specified, by Court Rulings, that the keys had to be in the ignition. Other states do not have that requirement.

Also in this case you also have a OPV, not a Motor Home, in a public area (that being a parking lot open to the public, even if privately owned) where some would interpret his action as public intoxication.

There has been many different rulings on Motor Home being a residence, even if temporary. Such as searches are more difficult to conduct in on a Motor Home than on a POV. Sleeping it off in the POV is different than in your Motor Home bed.

There are more rights to privacy and being secure in your Home (even temporary).
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Old 11-01-2013, 08:05 PM   #12
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So, what about a van with a bed in the back? How would that be interpreted? (A nod to my teenage years)
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Old 11-01-2013, 08:30 PM   #13
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In Scotland where I was raised it was much clearer. There was a "Driving while Intoxicated" offense, but there was another one called "Drunk In Charge of a Motor Vehicle" which was regularly applied to the "sleeping it off" situation. IIRC Drunk in Charge did not carry an automatic disqualification.
This applies across the UK. Not just Scotland.
For the "Drunk in charge" offense, you don't even need to be in the vehicle. Have heard of people being arrested as soon as they put the keys in the door. It has been known for cops to wait outside the pub at closing time specifically to catch these people.
Across the pond, people have even been arrested for being drunk in charge of a horse or a bicycle
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Old 11-01-2013, 08:37 PM   #14
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I speculate I might be charged if I was "sleeping it off" in my car with the keys in my pocket but parked in my drive-way,having taken on a "six pack" while in the house ?!
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