I live in NJ and received a DWI this past winter. I knew I could not drive so my vehicle was parked, the engine was running (it was 10 degrees outside), and I was waiting for a ride home but the officer still arrested me for DWI (he did his job, it was my fault, and it will never happen again).
I have been thinking about driving across the USA next year in an RV (after I get my license back). My question is: Can you be arrested for a DWI if you are legally intoxicated while in a parked RV? What if you are at a campsite/RV site? I don't plan to test this - I am just interested in any info. Thanks for your help.
2006-06-25 10:45:42 · 12 answers · asked by Buddha13 4 in Politics & Government ➔ Law Enforcement & Police
It will depend on the state and how thier DUI ( DWI) laws are written.
In many ( ok some) states if you are
1. in the vechile
2. the vechile is running or the keys are in the ignition
3. and are in "control" of the vechile. Now this is the ??? if someone else was in drivers seat then no, but if you were able to easily get behind the wheel.
4. next in some states you also have to be on the road ( or road way ( side of the road counts) For example in some states you could not get charged with DUI in a Walmart parking lot, since traffic laws are not valid on private property unless special agreement has been made with the city.
5. so if you were parked at a RV park on private property, most likely no, next is the RV set up, stairs down, canopy out, plugged up to the elecric, it can all matter.
2006-06-25 15:38:15 · answer #1 · answered by Anonymous · 6⤊ 1⤋
There are a number of different scenarious in which an officer can "legally" write you up on a DUI, but in most cases, these can be contested in court. In your case, since the RV was infact running, yes, youre dead in the water. In order for an officer to be able to write you on a DUI, you have to be legally over the legal BAL limit and have control of the vehicle. Simply put, if the keys not on your person, nor in the ignition, they cant write you on a DUI. This holds true for most states. If youre driving around drunk and decide that its not a good idea, I'd park the vehicle somewhere out of the way and place the keys to the vehicle either in the trunk or somewhere outside of the vehicle. If this is the case, then there is no way in hell that you can get nailed. By the way, DUIs are nothing more than a fundraiser for most states. This is why most people never get any jail time. They simply slap you with a fine and pull your license for a time. Even the driving suspension is a fund raiser. In order to get your license back, you have to do what?-Pay a fee for license renewal. Its a scam. In the future, park anywhere you like whilst drunk, just dont the ignition key be anywhere near you.
-J.
2006-06-25 10:53:49 · answer #2 · answered by Jason 4 · 0⤊ 0⤋
1
2016-06-10 03:40:48 · answer #3 · answered by Cassie 3 · 0⤊ 0⤋
Well, as I understand this......in Louisiana, if you're in the driver's seat intoxicated, the keys are in the ignition (and the vehicle can be turned off), you can get a DWI. Also in Louisiana, you can get a DWI for riding a bicycle, riding mower, horse, go cart, boat,scooter, any kind of vehicle legally intoxicated. Now I would imagine that if you're at a campsite....and all hooked up.....then they won't give you a DWI, but if you're causing trouble, you could get drunk and disorderly, or distrubing the peace. Best of luck to you.........
2006-06-25 10:54:06 · answer #4 · answered by cajunrescuemedic 6 · 0⤊ 0⤋
yes yo can get a ticket because you were in 'control of the vehicle' because you had the key in and the engine on. now if you did not do that then no but under the laws you were in control. If you are camping and drink and are in an RV that is ok as long as it is not running and the keys are not in the ignition if you are sleeping in back you are ok
2006-06-25 12:59:48 · answer #5 · answered by Coconuts 5 · 0⤊ 0⤋
Hello,
I drive a tow-truck in texas and the answer is yes,if the laws are the same there.As long as the keys are in the ignition of a motor vehicle and you are behind the wheel(and in your case you said the engine was running)yes you can be arrested
2006-06-25 10:52:40 · answer #6 · answered by Frank H 1 · 0⤊ 0⤋
you can get a DWI with anything with a motor. the keys just need to be in the ignition, the vehicle doesn't even need to be running. don't drive, don't get behind the wheel for anything. is your license suspended? you cant even back your car down the driveway. get it?
2006-06-25 13:22:31 · answer #7 · answered by g-dogg 3 · 0⤊ 0⤋
yes
- you can even get a DWI on a bicycle
Parked in a campground is private property
unless you are within 100 feet of a road you are fine - no DWI
2006-06-25 11:07:49 · answer #8 · answered by Dan W 5 · 0⤊ 0⤋
No. DWI means driving while intoxicated.
2006-06-25 10:53:23 · answer #9 · answered by rhymingron 6 · 0⤊ 0⤋
umm..aren't u talking about DUI? Cause i never heard of DWI?
anyways if ur parked and not driving thats okay. but no acholcol can be in ur car, and u have to get someone else to drive.
and drinking is bad -_-
2006-06-25 10:53:41 · answer #10 · answered by Anonymous · 0⤊ 0⤋