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re: Yea or nay-DWI

Posted on 7/9/25 at 12:58 pm to
Posted by Artificial Ignorance
Member since Feb 2025
1424 posts
Posted on 7/9/25 at 12:58 pm to
The essence and perspective of this discussion is the drinker and the inconvenience of DWIs and how they are enforced.

I am a drinker.

I don’t get close to DWI. Why? The downside and catastrophic risk of hurting or killing someone, my freedom lost behind bars and it’s implication loss of the most important things to me, like family time, reputation destroyed, financial ruin, etc.

Versus the upside gain of a temporary buzz and a good time. Have that good time. Have that buzz. Enjoy! Life is short.

Just Uber home. Take catastrophic risk away from your party.

If you are sleeping in your car in front of a bar, you are not quite grasping what I am throwing down.
Posted by IndianPower
Louisiana
Member since May 2021
1354 posts
Posted on 7/9/25 at 1:00 pm to
Never arrested anyone for this and my reasoning for not is you technically werent driving and physical control of a vehicle can be viewed from different aspects in wording of the law.

BUT!

Next time put keys in hiding, get in backseat and claim your friend met a girl and left you with car running to stay cool/warm and will be back later. Make them prove you wrong and answer NOT A SINGLE question.
Posted by Saintsisit
Member since Jan 2013
5035 posts
Posted on 7/9/25 at 1:00 pm to
quote:

did he crack the windows?

how did he crack the windows?


No they were cracked when he first parked. See easy.
Posted by fr33manator
Baton Rouge
Member since Oct 2010
132928 posts
Posted on 7/9/25 at 1:02 pm to
quote:

did he crack the windows?

how did he crack the windows?


Push button start but only engaged the electronics, never cranked the engine
Posted by brass2mouth
NOLA
Member since Jul 2007
20386 posts
Posted on 7/9/25 at 1:08 pm to
quote:

thought it was only a dwi if keys were in the ignition and car running?


Most states, LA included, you just have to be in actual physical control of the vehicle.
Posted by tgrmeat
Member since Sep 2020
5511 posts
Posted on 7/9/25 at 1:09 pm to
I once knew a guy that got a dui because he was asleep in the back seat inside a sleeping bag. I never fully understood the logic.
Posted by TigerintheNO
New Orleans
Member since Jan 2004
43953 posts
Posted on 7/9/25 at 1:11 pm to
Lawrence Taylor was found passed out on the New Jersey Garden State Parkway, but his keys weren't in the ignition, he walked. He blamed it on food poisoning.
Posted by Tiger Prawn
Member since Dec 2016
24935 posts
Posted on 7/9/25 at 1:21 pm to
The law may differ, but IMO it shouldn't be considered DWI until you crank up the engine and attempt to put the vehicle in gear.

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.
If I'm on that jury, he's innocent
Posted by Lake08
Member since Jun 2023
2778 posts
Posted on 7/9/25 at 1:21 pm to
Easy for them to prove it’s your car based on DL and insurance. I think it’s all about the cop (shocker). You could also get another charge of falsifying info
Posted by IndianPower
Louisiana
Member since May 2021
1354 posts
Posted on 7/9/25 at 1:37 pm to
After being an officer for 30yrs my training and experience tells me I still wouldnt give a shite who the car is registered to.

Anyone can have a drunk friend and leave them in a running car no matter who owns it.

It is all about the officer like you said but I can tell you sleeping in a parking lot is a responsible choice if you are intoxicated IMO
Posted by BabyTac
Austin, TX
Member since Jun 2008
15557 posts
Posted on 7/9/25 at 1:41 pm to
As much as I hate drunks, I would say no if they weren’t caught in the act of driving.

Posted by Sam Quint
Member since Sep 2022
8010 posts
Posted on 7/9/25 at 1:47 pm to
i dont care if you are in the driver's seat with the car running, unless you are on the road driving, this should not be a DWI.

what if i'm drunk as shite at my house and go outside to call someone from my vehicle and want to turn the truck on to get the AC going?

there are a million scenarios in which someone could be in their car drunk with no intention of driving anywhere.

this is typical cop bullshite.
This post was edited on 7/9/25 at 1:49 pm
Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
5995 posts
Posted on 7/9/25 at 1:47 pm to
In Louisiana it is.
Posted by ldts
Member since Aug 2015
2854 posts
Posted on 7/9/25 at 1:48 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.


Yes you should. With this you might as well just go ahead and drie home anyway.
Posted by imjustafatkid
Alabama
Member since Dec 2011
62120 posts
Posted on 7/9/25 at 1:49 pm to
quote:

did he crack the windows?

how did he crack the windows?


You don't have to crank the engine to roll down the windows.
Posted by imjustafatkid
Alabama
Member since Dec 2011
62120 posts
Posted on 7/9/25 at 1:50 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.


Shouldn't be a DWI, but the reality is that DWIs aren't about safety. They're about generating revenue.
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69364 posts
Posted on 7/9/25 at 1:55 pm to
quote:

Let’s say the car was running
I am just trying to see how extreme some peoples view are


i don't think DWI should apply unless the suspect was seen driving by the cop
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
23466 posts
Posted on 7/9/25 at 1:57 pm to
quote:

but his keys are in his pocket


So car isn’t running and he is sleeping in it?

quote:

In Texas it is.


I’m kind of shocked at that considering in Texas your car is an extension of your domicile.

It shouldn’t be if the keys are in your pocket. Now if it’s running that’s a different story.

Posted by Lakeboy7
New Orleans
Member since Jul 2011
27933 posts
Posted on 7/9/25 at 2:00 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


Doubt thats a DUI anywhere.

The key element is "operation" of a motor vehicle while intoxicated. Sitting in a car is not "operation". Keys in ignition maybe, vehicle running not moving absolutely.
Posted by ColoradoCock
Member since Apr 2025
234 posts
Posted on 7/9/25 at 2:06 pm to
Absolute bullshite if someone gets a DWI for this. DRIVING WHILE Intoxicated. F that police department they enforce that
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