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Yea or nay-DWI

Posted on 7/9/25 at 12:40 pm
Posted by Lake08
Member since Jun 2023
2778 posts
Posted on 7/9/25 at 12:40 pm
Obviously I’ve read all the differing opinions but how about this one…

Person leaves a bar, clearly over the limit. Decides to get in his car to sleep it off. No driving involved, but his keys are in his pocket. Cop pulls up. DWI or not? In Texas it is.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
42491 posts
Posted on 7/9/25 at 12:41 pm to
Well, it's not SIYCWI.
Posted by Tyga Woods
South Central Jupiter Island, FL
Member since Sep 2016
41156 posts
Posted on 7/9/25 at 12:42 pm to
call the texas law hawk
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69364 posts
Posted on 7/9/25 at 12:42 pm to
i thought it was only a dwi if keys were in the ignition and car running?
Posted by Chad504boy
4 posts
Member since Feb 2005
174828 posts
Posted on 7/9/25 at 12:43 pm to
did he crack the windows?

how did he crack the windows?
Posted by FieldEngineer
Member since Jan 2015
2521 posts
Posted on 7/9/25 at 12:43 pm to
quote:

Person leaves a bar, clearly over the limit. Decides to get in his car to sleep it off. No driving involved, but his keys are in his pocket. Cop pulls up. DWI or not? In Texas it is.


Should be innocent. Things like this is what rubs a lot of us the wrong way regarding DUI enforcement.

I should be able to sit in the passenger seat, crank the car for AC/Heat, and take a nap until I sober up.
This post was edited on 7/9/25 at 12:45 pm
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
94573 posts
Posted on 7/9/25 at 12:44 pm to
So, there is intent. He gets into his own car, in a parking spot and never starts the car? Goes to sleep? That's SIACWI, not driving.

Now, is he in the driver's seat or is he sleeping in the back?
Posted by chryso
Baton Rouge
Member since Jul 2008
13495 posts
Posted on 7/9/25 at 12:44 pm to
If it the keys are in his pocket it seems like he wasn't trying to drive.
I guess this depends if he has push button start or not.

What if you are in the back seat or passenger seat?
This post was edited on 7/9/25 at 12:46 pm
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
37720 posts
Posted on 7/9/25 at 12:44 pm to
I think the threshold should be if you attempt to move the vehicle. Who cares if someone rolls down the windows or turns on the AC
Posted by Chad504boy
4 posts
Member since Feb 2005
174828 posts
Posted on 7/9/25 at 12:45 pm to
last time i went to the bar,
I woke up on the wrong side of the truck bed this morning
With a bone-dry bottle of Jack I was pouring
Posted by The Last Coco
On the water
Member since Mar 2009
6916 posts
Posted on 7/9/25 at 12:45 pm to
In some states its called an APC (actual physical control) and is nearly identical to a DWI. The idea being that you have the ability to operate the car (youre in it and have the keys) but arent actually driving.
Posted by FieldEngineer
Member since Jan 2015
2521 posts
Posted on 7/9/25 at 12:45 pm to
quote:


If it the keys are in his pocket it seems like he wasn't trying to drive.


Tons of cars don't need a key in the ignition to run these days.
Posted by TheHarahanian
Actually not Harahan as of 6/2023
Member since May 2017
22716 posts
Posted on 7/9/25 at 12:46 pm to

If the wheels didn’t turn, there’s no D in DWI.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6918 posts
Posted on 7/9/25 at 12:46 pm to
The D stands for Driving... Not driving/no DWI..
Posted by GreenRockTiger
vortex to the whirlpool of despair
Member since Jun 2020
57766 posts
Posted on 7/9/25 at 12:47 pm to
quote:

I should be able to sit in the passenger seat, crank the car for AC/Heat, and take a nap until I sober up.
exactly. If you try to sleep it off at the bar, it’s loitering
Posted by Lake08
Member since Jun 2023
2778 posts
Posted on 7/9/25 at 12:47 pm to
Very few cars have ignition keys vs fobs.

Let’s say the car was running
I am just trying to see how extreme some peoples view are
This post was edited on 7/9/25 at 12:49 pm
Posted by theliontamer
Baton Rouge
Member since Nov 2015
1803 posts
Posted on 7/9/25 at 12:48 pm to
No DWI. But was the car running? Could get dicey if so.
Posted by Loup
Ferriday
Member since Apr 2019
15534 posts
Posted on 7/9/25 at 12:50 pm to
yeah should be innocent in that case, he's doing the right thing by not driving.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
78674 posts
Posted on 7/9/25 at 12:52 pm to
quote:

In some states its called an APC (actual physical control) and is nearly identical to a DWI. The idea being that you have the ability to operate the car (youre in it and have the keys) but arent actually driving.


By those states' logic a 14 year old in the front passenger seat is illegally driving if the parent gets out to buy gas.
Posted by cattus
Member since Jan 2009
15108 posts
Posted on 7/9/25 at 12:53 pm to
If you're not driving under the influence it shouldn't be DUI. My GF at the time got arrested waiting in her car for an Uber( evidently there was a record of it ). This was in Portland where they take it seriously and they did everything to ruin her life.
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