I got a DUI while trying to sleep one off in my car.

Defense Lawyer wrote:

I am a criminal defense lawyer in CT. I'm not sure what state you're in, but in CT you'd be guilty of DUI. In fact, in CT, if you are in the driver's seat and key is in the ignition, you are operating the vehicle for DUI purposes even if the vehicle is not turned on! I think most states have similar laws. Crazy, but it's true. Next time, sleep in the back seat and roll down the window instead.

You are not wrong, but that back seat advice only means once the opposing attorneys discuss the case, blah, blah, blah. That does not mean a cop is not going to arrest a drunk sleeping in a car. A cop can simply state the drunk in back seat of car was belligerent. I could tell you specific details of a fella who had enough wisdom while drunk to pull off all Distributor Caps. Once caps are pulled off of spark plugs, ignition key is irrelevant. Sitting in driver seat is irrelevant with pulled caps. Fella spent six days in jail until said details were sorted out. All charges were dismissed, but said fella cannot get those six days back. Six days in jail can ruin people. Do not tell people it is okay to sleep drunk in cars.

On the beat wrote:

Regardless of the law... This was up to the cops discretion. The cop was power tripping and being a total dick. He could have waited for you to shift out of park or start rolling away. He probably gets a bonus for saving the world from dangerous vehicular air conditioning though.

This is why cops are worthless.

BS!...I don't think the cops do enough to get the drunks off the road! This is a high-powered alcohol consumption nation with so many people driving intoxicated or impaired (some states are worst than others of course).

My family and I were rear-ended a few years ago on Labor Day afternoon by a drunk who left the scene but was later apprehended and arrested. Though we sustained minor injuries (I driving a big van) it could have been much worst.

The OP here is looking for sympathy & support - how do we know if his story is even true? He could have actually been driving or maybe passed out while stopped at an intersection. Unless he wants to post his identity and the police report with the full details, I don't know how much of this story is accurate.

Alcohol-related crashes are huge problem in this country. The cops need to do more to get the drunks off the road!

I wouldn't read this if you have young children: A few weeks in Idaho 3 innocent young children were killed by a drunk driver! And their father was seriously injured and may be paralyzed!

Just like that!...3 children gone! ?

i know of a few people this has happened to. In fact, ive been told that where I live they will hammer you just for having keys in car. we are always told that if you are going to sleep it off, hide keys somewhere outside of vehicle.

I did this in my truck one night after leaving a bar. Put keys in my truck bed and went to sleep it off. Cop came over within 15 minutes and thought he had me. He actually seemed irritated that i was smart enough to keep keys outside of my truck. Kept questioning me on why i would do that. very nasty tone.

this was in the days before uber. would never happen again.

I was a DA at one point and these would get charged all the time. I personally usually let the person off easy if it was obvious that they were sleeping it off and hadn't driven the car. That said, it's still technically a DUI.

Oftentimes juries would have sympathy on those individuals. Hard cases to win as a DA even though the law itself is pretty clear. Juries don't always care about the law.

I've 5-6 classes on this wrote:

In some states it's automatically suspended if your arrested for DUI.

If my arrested for DUI is what?

Portland Hobby Jogger wrote:

Engine running = operating a vehicle while under the influence. Doesn't matter whether the vehicle was in motion or not.

OK smarty pants.......what if engine was on and he was asleep in the back seat?

Well, I don't wear pants but I'm smart enough to understand that turning on a car could be construed as "operating" it.

They can rightfully point to the danger of the drunk knocking the car into gear or do something else dumb that could hurt someone. I recall a case recently where a guy passed out with his foot on the gas and the car revved until it caught fire.

There was another where this idiot decided to drive the car from the passenger seat (mailman style) figuring with his impaired wisdom that if he was stopped he could claim he wasn't driving. How do you think that worked for him?

So unless you're an idiot, don't start the car.

So..... if you are cold you should freeze?

Yes, especially you.

0-uj wrote:

So..... if you are cold you should freeze?

I've 5-6 classes on this wrote:

In some states it's automatically suspended if your arrested for DUI.

You’re wrote:

If my arrested for DUI is what?

That always makes me laugh.

Yeah, tough situation. The letter of the law is clear. In the drivers seat, engine running = operation or intent to operate. The cop can't take the chance that after he wakes you up, checks on you and then you try to drive home and kill yourself or somebody else. If you were in the back seat or even the front passenger seat the cop would have more discretion. I slept in the back seat of my car in the winter with the engine on and the cop made sure that I cracked the window so I wasn't breathing in the fumes. If there is an obstruction in your catalytic converter, exhaust system and a leak, if the cop never found you, you could be dead or have severe brain damage from all of the toxins in the exhaust fumes. So try to look at it from that angle.

Not sure if you are asking a question or just venting. Key in the ignition is your problem. Probable cause is the cops. On the basis of what was he knocking on the window?

I went to Rutgers University. We had a kid get drunk in the winter time, started his car, which was parked in a desolate parking lot. He had no intention to drive, he just wanted the heat on. He passed out in the driver's seat and his foot relaxed on the gas pedal. The car was sitting in park with the engine floored until it got so hot that the car caught on fire. Somebody, thank God, noticed it at 4:00 am. The cop got there and through the smoke and flames saw the kid still asleep in the car. The cop broke the window, reached in, unlocked the door and grabbed the kid and pulled him out. The cop's uniform shirt melted to his body and he got severe burns on both arms, hands, face and neck. The kid got a DWI, but I'm sure he was thankful that he even lived to get charged with DWI. For me personally, it would be worse to survive but have a melted and disfigured face and other body parts for the rest of my life.

BigFan wrote:

Not sure if you are asking a question or just venting. Key in the ignition is your problem. Probable cause is the cops. On the basis of what was he knocking on the window?

Probably OP's drooling face smashed up against the window.

OP you are a loser and a drunkard. You get wasted, get into your car and start it, and pass out. The cop breaks your window because you are senseless and he figures you are a risk and may kill someone with your car. I hope you spend a lot of money and then loose your license. You are pathetic, and so are the other losers defending you and blaming the cop. Don't drink and drive. Get help with your drinking. But since you won't , do society a favor next time you drink and drive and ram into a tree or bridge embankment instead of killing someone else.

The OP is an idiot. Turning on the AC means stating up the car. Turning on the means DUI. Next time ... drive to hide the car, sleep in the back under a blanket, leave the car OFF. Or, better yet, share a ride home with your so-called friends. How did they get home?

hate cops wrote:

I blew a 9, which was just over the limit I guess.

Who's 9 were you blowing at the time? Easy money?

I have mixed reactions to this, but a message to everyone. Cars are a ripoff. Fees, fines, taxes. insurance and municipal money grubbing. I read recently that the legislature is uping the fine for an expired inspection sticker to $325.

So yea they want drikers off the road but make no mistake they also want that cash too.