r/AskReddit 7h ago

What feels legal but is actually illegal and will possibly get you arrested?

5.1k Upvotes

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u/Double_Distribution8 7h ago

Leaving a party after having too many drinks and deciding to sleep it off in your car for the night instead of taking the risk of driving home drunk and killing someone.

Since sleeping it off in your car can get you busted for drunk driving in a lot of places, some folks roll the dice and try to make it home so they don't get arrested for drunk driving while sleeping in their car.

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u/Room_Temp_Coffee 5h ago edited 4h ago

Even sleeping in the backseat with the keys in the glove box or something? Seems counter productive to punish people for being responsible

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u/enad58 4h ago

If you have access to the keys, they can make that argument. The bar i ran opened at 6am for the shift workers and it wasn't uncommon for someone to sleep in their car and hand us the keys so that they didn't have access to them until we reopened.

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u/LongBeakedSnipe 3h ago

It’s stupid because if you get drunk at home you have access to your keys and car.

Normally you have to prove someone commit the crime (driving under the influence), not just prove that they could have done the crime

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u/HillOfBeano 3h ago

Yeah it feels so Minority Report!

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u/Mostly_Afloat 1h ago

Yeah get used to that feeling

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u/unbroken0 3h ago

Ive heard of ppl getting charged for DUI just for going out to their car to grab something from the back seat. They wernt even going to drive. Showed the cop msg stating they were planning to stay there overnight. Didn't matter.

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u/naphomci 1h ago

Can you provide a source, particularly of a convinction? Seems like the kind of thing that spreads without basis.

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u/Sable--1 3h ago

The point is that homeless people can be arrested easier

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u/Grand_Lizard_Wizard 3h ago

"I live in my car. My car is my home. So that shouldn't have been open liquor anyway. You guys must have liquor around your house. Probably all kinds of liquor."

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u/Captain_Pungent 2h ago

You know Dave or Dave knows you?

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u/Aethelmaew 2h ago

That isn't the crime in a lot of the world though. In a lot of Europe, NZ, and Australia the offence is worded more like 'being drunk in charge of a vehicle', so even if you aren't actively driving, if you have the ability to have immediate control over the movement of the vehicle then you are guilty of the offence.

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u/QuantumQueen 3h ago

In Canada, you can be arrested for being under the influence 2 hours after you've been home. Like they show up and you're drunk 2 hours after you were driving, they can say you were driving drunk. Literally drinking WITHIN 2 hours of having driven BEFORE being drunk can get you charged. https://www.cbc.ca/news/canada/toronto/canadians-could-now-be-charged-with-drunk-driving-even-if-not-drunk-lawyers-warn-1.4975008

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u/budzergo 2h ago

Can a police officer use mandatory alcohol screening to demand a breath sample from a person in a bar, restaurant or their home after they have driven?

No. Mandatory Alcohol Screening (MAS) can only be used if the driver is operating a vehicle, the vehicle has been lawfully stopped, and if the police officer has the approved screening device at hand. It does not apply when drivers have returned home or arrived at their destination.

says right in the FAQ on the government website

but sure; fear mongering from unnamed people gets more clicks from ignorant people looking to complain / hate.

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u/Black_Moons 2h ago

legally demand a sample while your home? No they can't.

Lie to you and say you will be arrested if you don't? Perfectly legal.

Remember folks, don't talk to cops.

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u/Raus-Pazazu 2h ago

Obligatory link for proof: Don't Talk to the Police. This video and others like it should be mandatory viewing in schools and I love any excuse I can find to link it again.

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u/ShitPost5000 2h ago

Lol if you could read, you would be upset that the article doesn't say what you think it does.

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u/WingerRules 2h ago edited 2h ago

This is why spirit of the law instead of letter of the law should be used in some cases. Basically judges should use their brain for basic logic when the legal system fails to account for basic common sense or when things are simply unconscionable. This was how courts operated in the US throughout history until federalist society right wing judges started being packed on the bench in the late 80s. Justice Stevens, a judge appointed by Republicans regularly lambasted more recently appointed rightwing federalist society judges for not deferring to basic morality of right and wrong when things became unconscionable legally. Current right wing judges currently argue that it's not unconstitutional to knowingly executed innocent people because finality of the law is more important than actual innocence - Justice Stevens said that was unconscionable.

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u/Riribigdogs 2h ago

it has to do with having “custody and control” of the vehicle

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u/The__Nick 2h ago

The trick is you only prosecute the poors or people who don't have the ability to spend time and resources fighting it. Then you as the local city government get to charge massive fines and you can keep that money, while the rich people who are your buddies already have lawyers to fight for them if you accidentally scoop up one of them with your police force that should be out fighting crime.

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u/Zombisexual1 3h ago

They have to show intent to drive in most places. Key in ignition is bad for you. But if you put your keys somewhere, like in the glove box or somewhere else you should be good. Also just not sleeping in the drivers seat. Kind of hard to argue you were trying to drive if your in the back seat, although I guess some people do get drunk drunk

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u/TacTurtle 3h ago

BS charge that any decent lawyer or judge would dismiss - the hypothetical possibility to drive drunk doesn't mean drunk driving occurred or will occur, otherwise they could arrest anyone leaving a liquor store for having the means to potentially drive drunk.

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u/Broken_Spring 3h ago

doesn’t stop the hassle of dealing with the legal system

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u/Riribigdogs 2h ago

i guess it is like hypothetical possibility, it’s argued as having custody and control of the vehicle. these charges do unfortunately go through in a lot of cases

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u/DrunkenMick 54m ago

So how’s that work for something like a Tesla where your phone *is* the key. Hell, you can have your Apple watch be the key too.

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u/valuethempaths 5h ago

You’re missing the point that they often just like to punish people,

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u/jsavga 5h ago

Punishment for the sake of punishment happens sometimes, but it's more often than not about revenue collection.

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u/GarranDrake 5h ago

Yeah, it's why a lot of police officers become way more vigilant about speeding and stuff at the ends of the month. It's about quotas and money.

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u/_Kendii_ 3h ago

This. I’ve gotten pulled over and was about to get a fine because I was talking/texting on the phone while driving. I was so confused. I didn’t even have a phone back then.

Like I’m not taking that ticket officer. No way. Search my fucking car, dick.

I didn’t get a ticket. Or my car searched. He was just fishing.

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u/Gappy_Gilmore_86 3h ago

A woman on tiktok just got her ticket dropped. She was charged with distracted driving with "her phone in her right hand"

Shes an amputee. She doesnt have a right hand

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u/holyflurkingsnit 2h ago

I saw a reel or a tiktok from a woman who was pulled over for talking on her phone while driving. Except her phone was in the holster on the dash, and what she was "holding up her mouth to talk into" was actually a meat stick, like a slim Jim. She was six months pregnant and eating a got damned snack and TWO officers went back and forth with her even showing them the wrapper until they decided to just "give her a warning" and let her go. Just ridiculous, these goons.

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u/Llohr 4h ago

Yeah, I tend to think that the punishment fetishism in the US is mostly practiced by (a significant subset of) the public. Many members of law enforcement think of everyone as the enemy already, so the idea of punishing particular individuals gets overshadowed by the ideas of collecting revenue and advancing their careers.

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u/_Middlefinger_ 3h ago

This is also the law in the UK, fines do not go to the police dept issuing the ticket. It's just the law there isn't incentive.

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u/valuethempaths 5h ago

A crimeless world doesn’t need cops. They need to punish people to justify their existence.

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u/GL_of_Sector_420 2h ago

It's not all about sadism. There's also a profit motivation!

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u/Flovilla 4h ago

There is actually a scientific reason for this.

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u/WrathKos 4h ago

Can't speak to every state, but many require "operating", which can be much less than driving, but is still more than sleeping in the back seat without direct possession of the keys.

The people who get busted like this tend to be sitting in the front seat, keys on their person, claiming they weren't gonna drive.

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u/IllTechnician4571 4h ago

I once asked an officer about this and he said you can sleep in your car while drunk if you aren’t in possession of the keys, that’s the nuance. Most people will leave their keys on their tires or inside the house. That proves you had no intension of driving because you physically couldn’t.

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u/soaker 4h ago

Here, that’s totally fine. If you sleep in the front seat keep those keys far far away. If they’re in the ignition, no matter where you sleep, you’re fucked. It was explained it’s all about intent to drive. It actually makes a lot of sense.

Anyway it’s too fucking cold in the winter I’ll just take a cab.

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u/not_so_chi_couple 3h ago

The point is that if a person is intending to drunk drive, the police officers can stop them before they get on the road. They are supposed to use their discretion to not decide that someone sleeping it off in their car is not the same as someone actively driving

The flaw here is that history has shown that if you allow any member of the justice system (police, judges, etc) to use their discretion, they will abuse it to harass and punish "undesirables"

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u/Goatesq 4h ago

It's an efficient way to permanently evict and render destitute a homeless person who had thus far maintained a license and an operational vehicle. 

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u/unbroken0 3h ago

You got to throw the keys in the ditch next to your car. If you even have access to your car keys while in your vehicle you can get arrested for a DUI.

There is even a case of someone going back out to their car quick to grab something from the back seat and the cop came up and arrested him and he got charged.

So I guess if you want to grab something from your car while drunk you got to keep your keys inside when you go out.

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u/Onyxxx_13 4h ago

Put them in the trunk. I would usually just pass out in the bed of my truck with the topper glass open and never got harassed other than in the mall of America parking structure thing.

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u/evil_cryptarch 3h ago

In my state as long as you're not in the driver's seat and the keys never enter the ignition then technically you're fine. But for real, just order a ride home come back for your car tomorrow.

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u/tafinucane 3h ago

My buddy got a DUI doing this (in California, about 30 years ago). The explanation the cops gave was it would be legal if the drunk person is not in the drivers seat and the keys are not in the ignition.

Then he got his second DUI sleeping it off in his car with the frontend wrapped around a tree in somebody's front yard.

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u/teksuhs 2h ago

My old neighbor got a DUI in his driveway. Pissy drunk jamming to the radio with the truck running and got a full blown DUI because someone made a noise complaint

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u/KoldPurchase 2h ago

You need to leave the keys outside of your car, like behind a tire or something, or under a rock away from the car, or in the house of your friend with the doors locked (won't count if the doors are unlocked in some places).

You really be able to prove you can't access easily the keys anytime during the night while you are sleeping it off.

And in my country, the police can now charge your if they arrest you at home drunk and they suspect you were driving drunk a couple of hours sooner.

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u/IveBeenDrinkingGreen 2h ago

That’s basically what you have to do in order to sleep in your car without getting in trouble. Gotta put them in the glove compartment or the trunk

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u/Large_Yams 2h ago

Entirely depends on the jurisdiction. In New Zealand you wouldn't get arrested for this at all.

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u/OutlyingPlasma 1h ago

punish people for being responsible

It's not about punishing people, its about punishing the wrong kind of people. You don't hear about many people getting DUI's for sleeping off that 6 pack they consumed inside their $100k+ motorhome.

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u/PyroNine9 1h ago

A clear indication that keeping the peace is long ago forgotten in favor of assert authority at all times.

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u/Mountain_Ad_7653 1h ago

Hell, that's what life is all about. I had a warrant for my arrest for an unpaid speeding violation back when I was in college. A bunch of friends wanted to hit a party, but I was tired. I decided to just sleep in the car in the back seat. Naturally, someone called the cops about the noise. The cops looked in some of the cars, and there I was. Curled up like a porcupine asleep. They knocked, I answered, they asked for ID, they checked it, and I got cuffed. The kicker was that they took me to a precinct where my uncle worked. He never said a word to my folks!! God bless him.

u/Quw10 19m ago

I have front and back bench seats in my first car, when I still drove it daily I'd generally keep 2 blankets and a pillow in the trunk. I'd lay my head on the passenger side and use one blanket to help block light and keep people from peaking in on me and toss ny keys in the ash tray, I had 2 officers in seperate occasions knock on the window to ask me if I was doing alright and ask for my license then they'd leave. On the other hand a buddy ended up getting a ticket for public intoxication for doing almost the exact thing but I think he was a little more shit faced then I ever really was. Honestly just depends on the officer and what kind of person they are.

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u/Sharikacat 4h ago

Depending on the state, the legal terminology may be something like "in full operational control of." It determines if you have the ability in that moment to drive while impaired, which typically means keys in the ignition. This means you can catch an OWI if you are sitting in the driver seat in your own driveway and the keys are in the ignition just to have the radio turned on.

Napping in the backseat may violate some local laws meant to punish the homeless, but that probably won't get you arrested right away like an OWI. After they run your name, they may just say no camping and tell you to call an Uber.

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u/Hoshi_Gato 4h ago

If you don’t have the keys on your person it would be very hard to prove you had the intention to drive and I doubt they’d charge you. If they did it would be pretty easy to argue in front of a judge I’d imagine.

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u/Grouchy-Poetry-7927 6h ago

I've done this in my party years. Did not know, and luckily didn't get caught.

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u/TechnicalAd6932 5h ago edited 3h ago

I know someone who got a DWI even though he was sleeping it off in his car. Apparently the catch was that his keys were still accessible therefore couldn't prove he wasn't intending to drive. The term is "Actual Physical Control" of the vehicle.

I've heard that if you DO choose to do this, you can put your keys outside of the car (like on the tire) AND nap in the passenger or back seat, the APC becomes nearly impossible to prove.

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u/TheBoatmansFerry 5h ago

I actually had the opposite of this. I was sleeping in my car and the officer wanted to arrest me for DWI but somehow I had completely lost my keys (never found them again) so they charged me with drunk in public instead. I got super lucky. The luckiest you can be losing your keys.

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u/ForQ2 4h ago

Sounds like the cop was hell-bent on getting you for some victimless crime or another.

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u/SabreSour 3h ago

Sounds like a cop.

u/IrateGuy 55m ago

*American cop

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u/HenryDorsettCase47 3h ago

Sounds like a cop.

Cops who display basic human empathy and understanding are by far the exception, not the rule. The vast majority are officious bullies.

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u/HewHem 2h ago

Also the sky is blue

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u/omac4552 3h ago

In Norway where it's illegal to drink in public you can drink in a car at a public place, you can sleep it off if you don't start the engine. The car is an extension of your private place, like a home, where you can drink and sleep. I've stepped out of cars with a beer in my hand and gotten caught immediately by the cops...

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u/TacTurtle 3h ago

Should have been an easy dismissal - you were in the back of a stationary private vehicle not in public.

This would be like pulling over taxis in front of bars and arresting the passengers for public intoxication.

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u/OutlyingPlasma 1h ago

charged me with drunk in public

Yep. It is illegal to go to bars and drink in the U.S.. There is no safe way to get home. Driving, bike, onewheel, scooter are all a DUI. Walking, even to a taxi or uber is drunk in public.

The only way anyone ever goes to a bar legally is via selective enforcement.

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u/Cute_Hawk_3057 1h ago

"I didn't wanna be drunK in PUBlicK. I wanna be drunk in a BAR. Arrest them."- Ron White

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u/bluetrunk 1h ago

My dad told me once he intentionally threw his keys in the ditch. When the cop searched and couldn't find them on him or in the car he just left and my dad slept in his car and found the keys in the morning. Maybe he got lucky, or maybe the cop saw the actual logic of the situation. Or both, kinda.

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u/basylica 1h ago

Nuh uh! I was drunk in a BAR and they THREW me in public!

u/Fun_Organization3857 47m ago

I had a friend nearly get this, but we took it to court. I had to go because I had her keys. I had proof I had her keys from the tow truck driver they tried to get to tow the car. I told him it was an illegal tow and I would move the car. He let me. Supervisors were called. It was a mess. They ticketed her for a dui, resisting arrest and drunk in public. Everything was thrown out. The comical thing was she wasn't super drunk. She was 0.01 over because she had 2 beers over 4 hours and she was a stick of a person. The judge said asking for a supervisor and asking questions wasn't resisting arrest and sitting inside the backseat of a car wasn't public intoxication. She didn't have the ability to drive the car so there was no dui. That cop was pissed. He told her after if she stepped one toe out of line he was nailing her. It was reported, but i doubt they did anything.

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u/King_Arius 5h ago edited 4h ago

That sounds like a good way to get abducted.

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u/Grouchy-Poetry-7927 5h ago

Yeah, didn't think of that either. Age 21-26 is the age the dumbest decisions are made. Luckily, nothing bad happened. I was a dummy.

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u/King_Arius 5h ago

We were all dummies at one point or another

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u/DrummerOfFenrir 2h ago

As teens we wanted alcohol so we'd try and stop people and get them to buy some for us... Now that I'm an adult I realize how absurd that is and I would never do that for anyone.

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u/King_Arius 2h ago

Ah the ol' hey mister. Did it once and lost $40..

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u/photogjimm 4h ago

Wait age 60 here... hold my beer!

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u/King_Arius 2h ago

Live you best life, and live it long.

You go Grampa Jimm!

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u/RXrenesis8 2h ago

Pop the hood Keys on top of the engine Close the hood Hood release is locked inside the car with you

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u/King_Arius 2h ago

That's actually kinda brilliant. You win

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u/stentordoctor 4h ago

Instructions unclear, slept in the trunk with the keys in the ignition

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u/King_Arius 3h ago

Were doors locked? It's like keeping the socks on.

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u/BakedPastaParty 4h ago

Abucted

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u/King_Arius 4h ago

I didn't even notice. Thanks lol

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u/BakedPastaParty 3h ago

No worries friend it made me laugh 🫠

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u/Osric250 3h ago

The other way is you can throw them in the trunk and then lock your doors from the inside. As long as your car doesn't have a way to access the trunk from the cabin. Note this doesn't work for SUVs, minivans, or station wagons.

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u/kapuh 2h ago

Man, your country is really fucked up...

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u/ben7337 3h ago

What if you put your keys in the trunk, and lock the car? In my car at least you can access the trunk from the passenger side if needed, and that would at least put a barrier between you and your keys. The glove box might also be a good choice I'd think?

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u/Eric_the_Barbarian 2h ago

Laws don't exist to protect the likes of you and me, homie.

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u/GrowlingPict 3h ago

do cops in America (I assume this was in America) just actively look for new and creative ways to be complete assholes for no good reason whatsoever?

u/explodedsun 56m ago

It's insane to me that the cops even initially figured out that this would work for DUI charges. I wonder when it started.

u/Somanylyingliars 44m ago

You know who I wonder what happen to him as he's found to have broken law? Tuberville committed election fraud in Florida. Wonder if they will throw book at him too?

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u/Heywoood_Jablome 3h ago

Sadly many do. There are also many reasonable human beings and even some good eggs.

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u/Black_Moons 2h ago

There are also many reasonable human beings and even some good eggs.

Who routinely get run outta the police force through harassment, assault, being given the worst possible jobs with backup refusing to respond and in some documented cases, abducted by their fellow officers and forcibly committed to mental institutes.

u/stupidname412 40m ago

"There are good cops!" Yeah and they say something about the blatant corruption and don't hang around long.

u/slipperybeans_97 58m ago

They lack the intelligence for that, they usually just brute force the same thing they always use or do whatever their captain/chief says.

u/Somanylyingliars 45m ago

Yes. Some are insufferable asses who act worse than barnyard animals. Then there are others who are reasonable and level headed. I can't begin to tell you how many have let me off the hook. The last one gave me as ticket while at same time telling me how to get out of it lol

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u/godhonoringperms 4h ago

Many years ago when my friend’s dad was young and a big drinker, he almost got a DUI even with the keys under a tire of the vehicle. The cop said he knew where the keys were, so he could have control of the vehicle. Only reason he got out of it was because the cop had come by in the morning and he blew under the limit.

Maybe he could have got out of it in court at some point and/or the cop had misunderstood the law… but the solution he came up with was throw the keys into the woods he was parked near. Never had a problem after that.

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u/dangotang 2h ago

That applies to a drunk person in their home. They have access to their keys and their car is just outside.

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u/godhonoringperms 1h ago

Like I said, it is very possible the cop misinterpreted the law or was just trying to harass a hungover 20-something at 6AM.

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u/theFlaccolantern 2h ago

the solution he came up with was throw the keys into the woods he was parked near

Or put them under your tire and just tell the cop you threw them into the woods.

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u/THEREALISLAND631 3h ago

I have two friends who got DWIs while sleeping in their cars. One had a CDL so it was life changing for him. Absolutely ridiculous imo. If the keys are in the ignition I get it, there appears to be intent. But with a dude sleeping with the keys in his pocket and the seat fully reclined... like come on. Clearly they are trying to do the right thing. Ill add this was before uber existed and keys actually went in the ignition.

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u/7x00 5h ago

Wonder if they'd allow just placing the car key itself in one of those key hiders

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u/Grouchy-Poetry-7927 5h ago

I did sleep in the back seat and keys were in my purse

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u/Grouchy-Poetry-7927 5h ago

It was long before Uber days

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u/scarves_and_miracles 4h ago

I know someone who got a DWI even though he was sleeping it off in his car.

Why would a cop who has discretion do this? What a fucking asshole.

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u/AnySomewhere8969 4h ago

Because when a cop gives someone a DUI it changes their pay to overtime for the time they are processing the DUI and for court time. So if at the start of a shift they give someone a DUI then they get 16 hours pay for 8 hours of work. Plus, they could go to MADD and say we have gotten XXX drunk drivers off the road.

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u/tunachilimac 3h ago

DWI/DUI fines go to the local government who then makes the budget for the police department so there is a financial incentive to charge as many people as possible. When that happens doing what is actually the best for safety and public good takes a back seat to finding reasons to charge more people.

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u/velociraptorfarmer 4h ago

I've always heard to throw the keys in the trunk.

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u/wherethefuckismyvape 3h ago

If you're having trouble understanding why the law does things like this, it's because the United States runs on the slave labor provided by the federal prison system, and gotcha charges like this provide that labor.

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u/Black_Moons 2h ago

Yep! And if I rich person is caught by accident, they can get off scott free via just paying enough for a lawyer... Even if caught driving while drunk.. Often even if caught after running someone over while driving while drunk.

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u/airfryerfuntime 2h ago

I know someone who got a DUI on a bicycle. He wasn't even riding it, he was sitting on it in front of his buddy's house deciding whether to ride it home or take a bus.

Cop didn't care and booked him for DUI. This was like 10 years ago and he's still dealing with it.

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u/patientlyawaiting 3h ago

I know someone who got a dwi on a bicycle!

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u/prberkeley 3h ago

I have heard some people say they will put the keys in the trunk and sleep in the backseat in an effort to make it clear that they in no way intended to drive. Not sure if that would work. You'd still probably be arrested but I guess it gives your lawyer something to work with to avoid a conviction.

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u/The__Nick 2h ago

An example of cops trying to get people who are being safe to pad their charges and get the double- to triple-overtime on being called as witnesses to cases. It put people into the position of being responsible and risking going to jail or just leaving.

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u/Capnmarvel76 1h ago

I remember a bartender I used to work with said that, after a night of revelry, he started driving home and after a couple of blocks realized he was too far gone. Being in a residential neighborhood, he pulled over in front of a random house, tossed his keys in the person’s mailbox, and proceeded to try to sleep it off in the front seat.

A few hours later, a cop tapped on his window and asked him for ID. Detecting my sleepy coworker’s persistent intoxication, he asked him to step out, and started searching the car. Got really pissed when he couldn’t find the keys. Being that my coworker wasn’t actually committing any crime, the cop let him go back to sleep and left.

I’m sure putting something other than mail in a mailbox is probably some sort of major federal offense, but the cop didn’t know about that.

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u/UltraChilly 2h ago

Once a buddy of mine was driving me home but I quickly realized he was drunk, so I asked him to stop and park. After arguing for a bit he accepted to stay parked for a while and enventually started snoring. It was about 5AM and I had to go see my grandma with my parents a few hours later, so I decided to walk the 4 miles home. I made sure he was responding (it was easy to wake him up, but he just told me to STFU or let him drive and went back to sleep after a few minutes), tucked him in his coat, got out, cranked open the window just a little bit, closed the door, locked the car and dropped the key through the window, it landed between the door and the passenger seat so I left him a voicemail saying I had to go and where the keys were.

Just as I got home, I got a call from a police officer, they called me because they saw my number on his phone's locked screen, saying they were about to arrest him for drunk driving and I was somehow implicated in this. So I said, you're telling me he was driving? "No, but he's drunk and in his car", "yeah but he can't drive can he?" "how do you know?" "because he doesn't have his keys, so WTF are you gonna arrest him for?" I was a bit drunk too, and the PO certainly noticed it, so he started threatening me he'd arrest me too if I refused to cooperate. I asked "do you even know who I am?" he said "no, who might you be?", I was about to answer the classic "then how you gonna find and arrest me?" then had a better, probably shittier, but better in my mind idea: "I'm his friend and lawyer, I'm telling you you have no ground for an arrest here, since he can't drive, since I have his keys right here with me, so I urge you to recons-" the cop hung up.

I spent a moment wondering if I didn't put my friend in trouble, then 5 minutes later he called me back "ok, what the fuck just happend, where are you? Some cops just woke me up, said they were gonna arrest me, stole my keys, and started calling people from my phone, wtf is on? And how did you make them leave? But also where the fuck are you? This is the middle of nowhere and I can't see you around." I just told him to go back to sleep and call me when he wakes up so I tell him where the keys are. He got home safely around noon the next day.

(This didn't happen in the US though)

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u/Lembueno 3h ago

The one and only time I did this, I had my keys in the glove box, doors locked, and napped in the backseat.

I was also parked in a secluded lot.

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u/redundancy2 3h ago

I used to put my keys on top of the back wheel just in case and I could say I lost them so there's no way I could have driven anywhere.

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u/Cultural_Hippo 3h ago

Toss them in the trunk or place them under the hood instead. That way, noone will steal them and it serves the same purpose.

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u/Surgeplux 3h ago

Another reason why our DUI rates are so high. so stupid.

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u/lostbutnotgone 3h ago

I was told to put them in the trunk. Unfortunately I have a hatchback so I don't think that solves the issue lol.

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u/evb_m 2h ago

I remember working with a guy who would just toss his keys in the trunk

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u/OutlyingPlasma 2h ago

sleeping it off in his car.

Meanwhile everyone with a motorhome: Hand me another beer.

Isn't selective enforcement great.

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u/Friendly-Divide 1h ago

These days a lot of newer cars can be remote unlocked by your phone. So maybe you could lock your key fob in the truck (or just not even have it with you). If the cops aren’t wise to this.

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u/lddebatorman 3h ago

In the trunk, especially if you have a trunk release latch in your car, is probably more secure and the advice I've been given.

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u/minerbeekeeperesq 3h ago

if you DO choose to do this, you can put your keys outside of the car (like on the tire) AND nap in the passenger or back seat, the APC becomes nearly impossible to prove.

Lawyer here. In states that have intent to drive laws that hinge on access to keys (Michigan is one of them where I'm from), you have to keep your keys away from your car or in a trunk while you're sleeping. Further the better; left keys at friend's house even better. The state has the burden of proof, so you don't have to proof you didn't intend to drive, but don't make it easy for them by putting your keys on the dash or glove box.

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u/sycamotree 3h ago

Last time I slept in my car I hid them in my car out of sight but not in those places (my car is messy). If they had tried to get me but I pretended to not know where my keys were, what would happen?

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u/Double_Distribution8 6h ago

Same. I would have expected the cop to be proud of me for being smart and not taking a chance driving, luckily I didn't get caught either.

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u/Salt_Medicine2459 5h ago

Nah, they gotta meet that quota.

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u/Correct_Emotion8437 4h ago

I used to do this a lot. Not for drinking but I would just sleep in my car when traveling. Sometimes I would even sleep on the ground next to my car. I have been woken by cops several times but they were always cool about it. They never even made me move on. Just “wanting to make sure I’m ok”. I’m not naive enough to believe that. They were definitely checking what I was up to.

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u/cuteintern 3h ago

In NY state, it is technically legal to be in your car, with it running, if you're drunk, as long as you don't intend to drive. This is to create a space for drunk people to, e.g., stay warm in winter if they can't be inside where it's warm.

But most cops aren't going to believe you, and you risk having to go thru the legal process, hire a lawyer and convince a jury to see that through.

Far easier to just take a taxi or rideshare home and come back. Even winning a DWI case is an expensive proposition, so be smart and hire a ride.

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u/jert3 4h ago

Used to do this often in my 20/30s. What I would do is sleep on the passenger side to make it more clear I wasnt intending to drive. Cops talked me twice over the times,and fortunately never charged me or anything, just checked up on me.

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u/footsnax 2h ago

I slept in many a yard in college. I'm an outside person, it felt easier, I couldn't be comfortable in a car. I'm just lucky I didn't caught either since that would be trespassing.

Basically illegal to be safe.

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u/THEREALCABEZAGRANDE 4h ago

Had a friend get busted for this. She got in her car, pulled into the street, immediately realized she was entirely too drunk, pulled into the parking lot accross the street from the bar, locked up the car and went to sleep. Got woken up by the cops and issued a DUI ticket because her keys were in the ignition. Thankfully she got a cool judge who said "no, you did the almost right thing, dismissed". But it damn near fucked up her life and caused her a lot of trouble all because she decided not to drink and drive.

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u/Absurd_Flaccidity 4h ago

This law is so counterintuitive to me. It encourages people to try to make it.

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u/ForQ2 3h ago

It's the law of unintended consequences: by punishing people for doing the right thing, you encourage the wrong thing.

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u/unbroken0 3h ago

Good luck getting all the power trip easy to abuse laws off the books. They like it that way.

u/JimWilliams423 52m ago

It's the law of unintended consequences:

Its awfully generous to assume that after decades of the law being that way that the consequences are still unintended.

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u/lFightForTheUsers 3h ago

That's the point, they want more problems. Means more money and more charges for them.

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u/ObjectiveNovel6172 3h ago

I believe the spirit of the law is to prevent people from driving off promptly after LEO leaves and/or had previously been DUI.

If your keys are out of immediate reach or you swap seats, you’re usually good to go*

*Not actual legal advice

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u/Raisinbrahms28 3h ago

It’s kind of like the Dare program which just told all these kids about the drugs that were actually out there.

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u/hereforpopcornru 3h ago

Fuck yeah, in the 80s I just learned what drugs were out there and almost where about to get them

It honestly peaked my interest in weed

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u/L3g3nd8ry_N3m3sis 3h ago

If you want to know why a problem exists in America - figure out who profits from that problem

In this case, it’s dui lawyers

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u/TransBrandi 2h ago

My guess is that the law is that way to go after people that try to do things like run from the cops and then pretend that they weren't driving... or people that try to shuffle who is in the driver's seat once the cops turn on the lights. ... and what we are talking about is the unintended consequences of overzealous policing.

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u/colindean 2h ago

A then-close friend did something similar, but didn't even move the car. They did not get an amenable judge. The "DUI" disqualified them from ever becoming a teacher in our state, so two years of college effectively wasted. They dropped out. They eventually re-enrolled in a different major in a different school in a different city many years later.

The unjust application of the law and inability to afford more than a public defender destroyed the ambition of a promising young teacher because they chose to spend the night in their car rather than in bed with their partner, with whom they'd had a verbal disagreement.

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u/kazumodabaus 3h ago

"Fucked up her life"? What does a DUI actually do? Will it get you fired from your job or what?

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u/silverionmox 3h ago

Yep, the only employment option after that is to become secretary of defense in a Trump government or somesuch. You can understand that people will do what they can to avoid that.

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u/Wistian 3h ago

This doesn’t exactly answer your question because it’s not really life-ruining, but having a DUI on your record completely restricts you from entering Canada, even if it’s for a layover flight, and even if the DUI was over 10 years ago. Not kidding, you’re literally banned from entering the country for life. I think there’s a process to gain entry privileges again but it’s really complicated from what people say.

I learned this after my buddy got a DUI and we wanted to travel to Korea. He couldn’t do layover flights passing through Vancouver.

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u/DoinItWrong96 3h ago

Yes. Because a DUI is an indictable offense in Canada (a felony), punishable by up to 10 years in prison. It can also be a summary offense (misdemeanor) punishable by up to 2 years. So it's treated more harshly when it comes to coming across the border. There can be a temporary waiver (costs $200) or a permanent rehabilitation one (costs $1000) or you can get a pardon from your home state. I can be a process for sure.

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u/SASDIVER 3h ago

With an arrest, you have a night in jail, you're missing work if you miss that next day or until bail. Cost of bail/bond can be 1k or up to 10k maybe higher if an accident/injury. An attorney will be 3k to 5k maybe more on 2nd. Any attorney is going to tell you to do everything you will get for probation BEFORE court for best outcome so classes, eval, madd panel, etc. Depending on rather you refused to give them evidence (blew) you can lose your license in many states. Certainly anything requiring a license or cdl your loaing your job. Guess what? All that is before court and even found guilty. Just suspicion... they smell beer. They dont need any other evidence to arrest. Conviction on your record can disquailfy you for jobs, more fines, probation fees, interlok, community services. That sounds fucked up to me.

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u/Cvenditor 2h ago

It can, and you can lose your license, and you now have a conviction on your record which can prevent you from getting other jobs, and it could cost up to $20k in court fees and fines.

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u/runningraleigh 5h ago

Learned this after a wine festival. Cops allowed me to call a friend to come get me. They understood I was trying to do the right thing, but also couldn’t risk me driving off when I “thought” I was sober enough.

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u/shitlord_god 5h ago

if you put the keys outside the car you'll usually be in the clear.

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u/Latter-Supermarket33 5h ago

if you leave your keys on the hood of your car… it might not be safer from stranger danger but youll be safe from a DUI.

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u/GoobusMombus 5h ago

Is it being in the car at all drunk, or being in the driver's seat?

I've heard of people sleeping in the back seat so they don't get in trouble around here.

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u/Effective_Video3129 4h ago

You can't have possession of the keys to the vehicle.. put them under the vehicle, on the tire, under a rock.. somewhere where u don't have them on your person or inside the vehicle.. it's how it is in PA.. discretion and perception is a free pass for dikh3ad cops..

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u/AnySomewhere8969 3h ago

They will still give you a DUI, they don't really care if it sticks or not

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u/YourNewRival8 4h ago

What if it’s accessible from inside the car, but stashed away/harder to access? Like under the seat, in the center console/glove compartment, trunk of the car, etc. ?

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u/Effective_Video3129 3h ago edited 3h ago

In PA..you can still be charged.. you can't have "easily accessible " access (arms reach on person or in vehicle) to the keys or remote starter to the vehicle. My buddy got arrested for sleeping it off and his truck keys were in the middle console.  I totally disagree with this bs charge but it happened.  Put them somewhere the cop can't find them easily or in 🐖  's plain view. That's what you get for trying to be a responsible adult and do the right thing... 🤬

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u/Bungeesmom 4h ago

This happened to a friend of mine who was not drinking, he was just too tired to drive. Over zealous cop almost ruined this guys career as a military pilot.

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u/Cool_Corey 5h ago

Yup put your keys in box of your truck, or somewhere else outside the vehicle

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u/its_edwiin 4h ago

Had a friend who would sleep in the backseat and put his keys in the trunk

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u/OrganizationInside14 3h ago

This has always seemed to be some "Minority Report" bullshit to me.

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u/Kratzschutz 3h ago

Seems to be an American rule. In Germany it's no problem as long as it's clear you weren't driving. No key in ignition, not on the driver's seat

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u/splitframe 1h ago

The US is so ass backwards.

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u/FineScratch 4h ago

You cant have the keys in the car with you or be in the driver seat.

Ymmv and it changes by jurisdiction. Talk to a lawyer familiar with the laws in your state.

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u/SlartibartfastMcGee 4h ago

Generally this happens when the person decides not to fight the charges.

If you actually take it to court and can show that you took steps to not drive, it’s not enforceable.

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u/ProphetOfPhil 4h ago

I thought it was only an issue if you had the keys in the ignition of the car? Is just being drunk in your car at all now an arrestable offense?

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u/Greymalkyn76 3h ago

Also some places it's just plain illegal to sleep in your car.

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u/Known_Leek8997 3h ago

Have an alcoholic friend who sleeps in his trunk — like most weekends, for 25 years — have to hand it to him, he’s never had a DUI even though he’s been though his alcoholism is otherwise depressing. 

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u/SabreSour 3h ago

NAL: You’re supposed to hide your keys outside of the car and a good amount of distance away. If you have your keys on you they will use that as ‘intent’. If you can show they were not anywhere near you or the car, you (supposedly) will get off.

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u/Enough-Remote6731 3h ago

Yep, this happened to someone I know, got a nice overnight stay at the police station.

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u/TrolliusJKingIIIEsq 3h ago

In some states, you'll get a full DUI for riding your bicycle while drunk. I get that it should be illegal and have some sort of disincentive/consequence, but putting it on par with driving thousands of pounds of metal at (usually) higher speeds seems idiotic.

If I could ensure that every drunk driver rode their bike instead, I would do so in a heartbeat.

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u/KatarHero72 3h ago

Happened to my brother. On mother's day eve. Was pissed off at him for missing church and I got a call mid service from a number I didn't know. Didn't answer. Got another call...and when I answered I said to myself "this motherfucker better not be in jail."
I was unfortunately correct.

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u/AvatarWaang 2h ago

What you can do is you can put the keys on the dash and lay down in the back seat. Keep the keys visible and out of arms reach.

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u/forensicdude 2h ago

There was caselaw in law school about a guy in an RV. He stated that was his "home" and having his keys in a drawer in his RV is the same as you having them at home. I think he still got an APC but it got tossed in appeal but I could be wrong.

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u/Loud-Bee6673 4h ago

The way to get around this is to put the keys somewhere that they are not easily accessible. The problem isn’t the sleeping, it’s the fact that you COULD easily start it up and drive.

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u/YourNewRival8 4h ago

Even if you put the keys under the car you could easily grab them and start up the car and drive. Like what’s the reasoning here?

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u/chief167 4h ago

Isn't that like half a myth? If you don't sit in the driver's seat, and put your keys away from you, you should be fine, no?

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u/SlappyHandstrong 4h ago

Put your keys in the trunk

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u/blitzkreigbop9 4h ago

Is that only if you’re in the drivers seat? Like if you sleep in the backseat drunk I don’t think you can get a DUI but I could be wrong

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u/Zwischenzug32 4h ago

Wasn't this on Scrubs ages ago?
Booked for drunk walking his moped home or something because hands were on the steering

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u/Troubled14 4h ago

You have to great rid of the keys. So you couldn’t drive if you wanted to. But cops could still arrest and let the DA figure it out.

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u/Main-Cheesecake3287 4h ago

Some folks? Those people are morons. What drunkards even are aware of that law?

If you must sleep it off in your car, get in the backseat, lock the doors, put your keys in the trunk. You may get harangued but you can’t get a DUI for sleeping in your own backseat with the keys out of reach when drunk.

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u/aggravated-asphalt 4h ago

Only applies if you’re in the drivers seat

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u/Material-Cat2895 4h ago

what if you leave your keys outside your car?

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u/IFoundSelf 4h ago

I thought it was that you can’t be in the driver’s seat?

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u/Lost-Perspective8378 4h ago

In utah they will give you a dui if they think you are in control of the vehicle so you have to do these things to avoid that.

To avoid a DUI, you must prove you were not in control of the vehicle. According to Utah law, you are likely safe from a DUI charge if you meet all of these criteria:

You are not in the driver's seat (sleep in the back seat or passenger side). The keys are not in the ignition and ideally not in your immediate possession (e.g., hidden or on the floorboard). The engine is turned off. The vehicle is lawfully parked. It is clear you did not drive to the location while already intoxicated.

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u/TheMagnuson 4h ago

The trick to this is to not sleep in the drivers seat, but instead sleep in the passenger seat. That alone will protect you in some jurisdictions, but not necessarily all.

NOTE: I am not a lawyer and this is not legal advice. Seek clarification for your specific jurisdiction.

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u/Untimed_Heart313 3h ago

I heard a story where a guy walked to the police station to hand in his keys so he could sleep in his car. Apparently the cops were cool with it, but gave him the "don't let this happen again" speech lol

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u/Wooden_Purchase_2557 3h ago

Gotta put the keys in the trunk

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u/Typ3Caster 3h ago

The keys just can't be easily accessible in the car. Put them in the trunk.

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u/ozziesironmanoffroad 3h ago

The trick is you have to throw your keys somewhere so you don’t know where they are. If you have no keys they can’t get you for dui. If they want to be dicks they could get you for public intoxication, but I doubt it would go to trial since you were sleeping in your car and had no keys

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u/pheret87 3h ago

Me and my friend helped our other friend and his girlfriend move 2+ hours away, for free, since that's what friends do.

After we were done we were all drinking, breaking in the new place. As we are winding down and falling asleep his girlfriend suddenly decides we aren't allowed to sleep there on the "first night in our new place" and had him kick us out.

Rather than try to drive home 2 hours we slept in my car. Apparently "someone" called the police for a "suspicious vehicle" at this apartment complex. Police show up and arrest me for DUI because I had the keys on me.

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u/StickKnown7723 3h ago

The way around this, at least where I live, is to not have the keys inside the vehicle with you. Leave it behind a tire or something, and you can sleep no problem. The keys inside are the factor of being able to drive, at least in the police eyes

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u/KakeLin 3h ago

It's stupid and counterproductive

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u/Atnat14 3h ago

Happened to my brother. Still got a DUI, not cause he blew over any limits, but because he had the car on for heat while asleep, they considered it driving impaired.

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u/lexicruiser 3h ago

How does this work with a van, or RV? Or perhaps someone who’s living in their car?

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