Is it illegal to sit in a car when drunk when the keys arnt in the ignition?
sleeping in the drivers seat
Best Answer :
Yes , if you have the keys anywhere in the car with you the police can assume intent to drive ,sorry
Other Answer(30) :
yes it is illegal as its classed as being drunk in charge of a motor vehicle & it would definately be the same as being in a camper van
Yes they can get you for being drunk while in charge of a car
i know someone who was done as they walked to there car with keys in hand. intent!!
I'm not positive, but I think you would be taking a chance to do so; safer to at least be in the back seat
Yes. If you are the only person in the car and you are in it with the keys you are technically in charge of the vehicle, therefore you can be done for drink driving.
If they don't get you for DUI, then they can get you for Public Intoxication. Take your pick.
NO. thats all i have to say.
Yes it is. You are still considered as having 'care and control of a motor vehicle', regardless of where the keys are. So long as they could be available, you can be charged…even if it's your own driveway.
Technically you can be done for being drunk in charge of a vehicle (slightly lesser offence than driving under the influence of alcohol).
It can be yes! The offence of being drunk in charge means the following: A your drunk (over the limit) and B: that you are in charge of that vehicle.
Point A is easy to prove – your either drunk or not
but point point B is a little grey. First the issue of being in charge could be anything from sat behind the wheel to being in doors when your car is parked outside with the key being in easy reach (ie also in your house or easy to get hold of!). Even if not with your car you are technically still in charge of it! So getting yourself in trouble could be quite easy. Although Im talking in theory here and not everyone is arrested when they have car keys on them! The point to prove at court would be that you showed an intent to drive, it could be argued that you got in your car to drive away but where so drunk that you fell asleep! As you can see its a grey area which is often tested at court. However with this in mind – the best thing to do would be either not get in the car. Walk home/taxi call a friend/disconnect the battery to show you had no intention of starting it from the outset. But if your wasted – in your car with the keys – you might find yourself in a cell!
Of course it is! Sleep in the back seat!
Well, this is a tricky issue. In each state there are different "grey" areas. In most states, if you are found by an officer in a car, behind the wheel and are intoxicated than you can be arrested. Charges can vary from DUI to DWI. To be safe, keep your keys in your pocket and climb into the back seat. Better yet, take a cab home. In the long run $50 for a cab home and back to your car is the cheap way.
YES, as in the UK you are classed as 'drunk in charge' even if there are no keys anywhere in the vehicle if parked in a public place – including pub car parks! A number of truck drivers I know of, have been prevented from driving (due to police stings at truck stops) until deemed fit to drive – no charges, but late deliveries. Explain that to the boss!!
Ref the camper van. If you are on campsite i.e private ground you are ok, but if in public place it is the same as before. Just make sure you do not drive for at least 7 hours after your last bevvy to be on the safe side
Yes, if you have the keys anywhere in the car with you the police can assume you intent to drive. The best thing to do is to lock them it trunk with a remote to get them out or under the hood after you sober up or give them to bartender or call a cab. And in the passenger seat or in the back seat may get you for being drunk in public. Sleeping in the driver seat not good with key on dash mean you was to drunk to put them in the ignition, sorry. Be sober and driving is the best way drive.
You would be charged with being drunk in charge of a vehicle, pedant police can technically charge you with the same offence in a camper.
Depends what country you are in.
A friend of mine got drunk, slept in the back of the car, woke up cold, started the engine and put the heater on, and went to sleep on the back seat again.
He was arrested, charged and prosecuted for "Being drunk in charge of a motor vehicle."
At the present time, you'd be OK on a canal boat!
thing is thats the last place to be sleeping if your drunk..
even if you were, whats wrong with the passenger side.. more leg room for a start.. (no pedals)
a certain musician got done for being parked dodgy and asleep at the wheel..
you can be arrested for it but you are not breaking a lw. The law would have to say, that you cannot enter a vehicle with keys while drunk. It is not driving or proof of intent to drive it is just being.
It is always your word against theirs
In Nevada yes. If you are drunk in the vehicle and in possession of the keys you are a drunk driver.
even if the keys are not in the ignition but say, in your pocket you are still in charge of the vehicle so can still be prosecuted. maclaren
As long as the keys are in your possession you are "in charge of the vehicle" so, technically, you could even be nicked while you're still in the pub!
It's illegal to be 'in charge' of a motor vehicle when drunk. Technically, even without keys you can 'freewheel' and steer, so I wouldn't even think about being in a car when drunk. If the keys are actually in the car then police will definitely charge you.
As for camper vans – If you're in a campsite you'll be fine. But parked up on the side of the road is a different matter.
For obvious reasons always err on the side of caution. Speaking as someone who's served a lengthy ban (not for drinking) I can confirm that it's an utter nightmare.
i'm sorry but it is. if you have the key's, even if you are not in the drivers seat you are classed as in control and could be charged. points on your licence and a fine.
Obviously a lot depends on the local laws. Generally a car is considered private property and not subject to search. Since it is not a crime to sleep in the back seat of your car, they have to get you outside of the car to charge you with public drunkenness. If the keys are under the floor mat or in a compartment inside the car, somewhere out of sight and not on your person it is difficult to say you were in control of the car, since you cannot control the car from the rear seat without the keys in your immediate possession. The drivers seat is another matter.
Sleeping drunk in a caravan is the same as sleeping in your own home, in principle. However common sense and justice are gone once the anti-drinking nannies get their meddling fingers into the laws. It will get to the point where you can be arrested for being drunk alone in your own home.
If you can be fined for smoking in the rear seat of a parked car, why not for being drunk. And since you had to walk in public while drunk to get to your car or caravan, you were drunk in public.
To the nannies there are no absolute rights to freedom, because freedom is only what they say it is, so as to serve the Greater Good.
Get spines and throw them out of power.
If you have the car keys in your possession at the time then yes.
No. The term is drunk driving. Not drunk sitting in the car having a nap. If the police did question you then you could explain that you weren't planning to drink but had a couple and are sleeping in the car overnight to make sure that you don't break the law.
Yes you are drunk in charge of a vehicle… so just don't do it…. as someone else has said you might be ok if you sleep in the back… perhaps…. and you will be ok if you are not in the driver's seat and someone who is not drunk has the keys…. do not get in your car when you are drunk and have the keys.. it is to avoid people getting drunk, going to go to drive home but on seeing the police saying there weren't going to drive… for all our sakes the police should not have to wait until you do drive and try and get you to stop when you are drunk and might not pull over when they tell you to…
Yes, you do not have to have the keys in the ignition to be charged with, drunk in charge of a motor vehicle..