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Yea or nay-DWI
Posted on 7/9/25 at 12:40 pm
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.
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 on 7/9/25 at 12:42 pm to Lake08
i thought it was only a dwi if keys were in the ignition and car running?
Posted on 7/9/25 at 12:43 pm to Lake08
did he crack the windows?
how did he crack the windows?
how did he crack the windows?
Posted on 7/9/25 at 12:43 pm to Lake08
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 on 7/9/25 at 12:44 pm to Lake08
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?
Now, is he in the driver's seat or is he sleeping in the back?
Posted on 7/9/25 at 12:44 pm to Lake08
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?
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 on 7/9/25 at 12:44 pm to Lake08
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 on 7/9/25 at 12:45 pm to chryso
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
I woke up on the wrong side of the truck bed this morning
With a bone-dry bottle of Jack I was pouring
Posted on 7/9/25 at 12:45 pm to Lake08
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 on 7/9/25 at 12:45 pm to chryso
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 on 7/9/25 at 12:46 pm to Lake08
If the wheels didn’t turn, there’s no D in DWI.
Posted on 7/9/25 at 12:46 pm to Lake08
The D stands for Driving... Not driving/no DWI..
Posted on 7/9/25 at 12:47 pm to FieldEngineer
quote:exactly. If you try to sleep it off at the bar, it’s loitering
I should be able to sit in the passenger seat, crank the car for AC/Heat, and take a nap until I sober up.
Posted on 7/9/25 at 12:47 pm to Topwater Trout
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
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 on 7/9/25 at 12:48 pm to Lake08
No DWI. But was the car running? Could get dicey if so.
Posted on 7/9/25 at 12:50 pm to Lake08
yeah should be innocent in that case, he's doing the right thing by not driving.
Posted on 7/9/25 at 12:52 pm to The Last Coco
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 on 7/9/25 at 12:53 pm to Lake08
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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