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Message
re: Yea or nay-DWI
Posted on 7/9/25 at 3:17 pm to GetmorewithLes
Posted on 7/9/25 at 3:17 pm to GetmorewithLes
quote:
I think it requires person to be in the drivers seat.
you don't even have to be in the car, just in close proximity
1
Posted on 7/9/25 at 3:17 pm to brass2mouth
quote:
Most states, LA included, you just have to be in actual physical control of the vehicle.
How are you in actual physical control of something 10 times heavier than you unless you are physically operating the controls?
Posted on 7/9/25 at 3:19 pm to GetmorewithLes
quote:
I think it requires person to be in the drivers seat.
I've always heard & read you can still get a DWI for simply being intoxicated anywhere inside the vehicle, even if it's clear you never drove after getting intoxicated.
Posted on 7/9/25 at 3:20 pm to jdd48
quote:
I've always heard & read you can still get a DWI for simply being intoxicated anywhere inside the vehicle, even if it's clear you never drove after getting intoxicated.
So everyone drunk but taking an Uber home is at risk of a DWI?
Posted on 7/9/25 at 3:22 pm to forkedintheroad
quote:
So everyone drunk but taking an Uber home is at risk of a DWI?
Inside your own vehicle, but I didn't really think that really required explanation. Was that not clear just from the context of the original post?
This post was edited on 7/9/25 at 3:33 pm
Posted on 7/9/25 at 3:31 pm to Lake08
I did that exact thing in college. Cop taps on window because my lights were on. “You think u slept it off? “ told him “no way”. By then my buddy whose house I left came out. I spent the night on the couch. His dad mocked me for weeks.
Posted on 7/9/25 at 3:32 pm to Lake08
It’s a DUI. Shouldn’t be. But it is.
Posted on 7/9/25 at 3:34 pm to jdd48
quote:
Inside your own vehicle, but I didn't really think that really required explanation.
K.
What if your buddy is driving you home in your vehicle?
He's sober but you're drunk and inside your own vehicle.
That's a DWI?
Posted on 7/9/25 at 3:35 pm to forkedintheroad
quote:
How are you in actual physical control of something 10 times heavier than you unless you are physically operating the controls?
It goes back how the law defines control. Unfortunately, cases like this our opinions don't matter. The only thing that matters is whats written in the law.
Several years ago when I was stationed at Fort Polk we had a local cop give a DWI Safety briefing to our unit. He explained this exact scenario and that you would be charged with DWI. I was shocked to hear this; however, it was duly noted. A few years later I found myself in this situation and decided to sleep it off in the back of my 4 runner and put the keys in the glove compartment. Not sure if that was legal but I wanted to make it extremely difficult in the case a cop came knocking. Fortunately, no cops showed up.
This post was edited on 7/9/25 at 4:38 pm
Posted on 7/9/25 at 3:36 pm to Lake08
If the car is not running, no.
Posted on 7/9/25 at 3:39 pm to geauxpurple
How about if the car is running?
Posted on 7/9/25 at 3:40 pm to forkedintheroad
quote:
What if your buddy is driving you home in your vehicle?
He's sober but you're drunk and inside your own vehicle.
That's a DWI?
Obviously not, but again, that's also not the scenario being discussed in the first place.
This post was edited on 7/9/25 at 4:00 pm
Posted on 7/9/25 at 3:46 pm to Lake08
If the motor is running then he has a problem.
Posted on 7/9/25 at 3:47 pm to soccerfüt
quote:
No wonder he’s your friend. Birds of a feather….
Yea yea … we all have “that” friend.
Posted on 7/9/25 at 3:54 pm to armytiger96
I got pretty much the same explanation from a lawyer buddy of mine. If you are in the interior of the car with the keys, you are probably gonna get a DUI. He basically told me to put the keys in the trunk or in the truck bed. I really think if a cop did approach me and I was in a fetal position in my truck passed out and the cops came up to me I would say I lost them. Hard to get a DUI with no keys.
Posted on 7/9/25 at 3:56 pm to Lake08
STOP DRINKING AND DRIVING
BETTER YET,, seek help ..you likely have a drinking problem
BETTER YET,, seek help ..you likely have a drinking problem
Posted on 7/9/25 at 4:03 pm to 777Tiger
quote:
you don't even have to be in the car, just in close proximity
Friend got one getting shite out of his trunk. He was lippy so that probably has something to do with it too.
Posted on 7/9/25 at 4:06 pm to Tortious
quote:
Friend got one getting shite out of his trunk. He was lippy so that probably has something to do with it too.
know guy that had been drinking and stopped at an ATM, wee hours, stood outside of the car to smoke a cigarette, cop pulls in to see what he's doing, he got popped, keys in his pocket standing outside of the car
Posted on 7/9/25 at 4:11 pm to 777Tiger
quote:
know guy that had been drinking and stopped at an ATM, wee hours, stood outside of the car to smoke a cigarette, cop pulls in to see what he's doing, he got popped, keys in his pocket standing outside of the car
Unless he parked at the ATM before he started drinking, he did actually drink and drive.
Posted on 7/9/25 at 4:12 pm to DestrehanTiger
quote:
Unless he parked at the ATM before he started drinking, he did actually drink and drive.
very similar scenario to what's being batted around in this thread
ETA: ATM was located outside of a convenience store that sells alcohol
This post was edited on 7/9/25 at 4:13 pm
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