2007-01-07 15:55:12 · 13 answers · asked by JUAN S 1 in Politics & Government ➔ Law Enforcement & Police
Yes it is legal for that to happen. I am in Texas, but I am pretty sure that the law in California is pretty much the same on DUI's or DWI's.
If you are caught operating the motor vehicle while under the influence of alcohol on a public roadway, you are committing a crime. Even if you are still in the parking lot, since it is for public use, you are still commiting the same crime. He can sit there and watch you stuble to your car and pull you over with the suspision of DUI. Once he makes contact with you, he can use other factors to determine if you are possibly under the influence. If he has enough of the factors, then he can arrest you on that charge.
All in all, anywhere that you are driving and you are drunk at the same time, you can be arrested for DUI or DWI.
2007-01-07 17:03:09 · answer #1 · answered by deftonehead778 4 · 1⤊ 0⤋
Yes it is lawful
If the officer sees the person staggering to their car outside the club, observes that the person is so inebriated that he or she cannot enter their vehicle without difficulty, then it is the officer's duty to pull that person over if they try to drive off in that vehicle.
They will enter all of the person's behavior prior to operating the vehicle in their arrest report, as well as the person's driving.
2007-01-07 15:59:22 · answer #2 · answered by Anonymous · 1⤊ 0⤋
As long as you are driving a moving vehicle, and impaired, yes, you can get a ticket.
You should be nowhere near a vehicle, and outside a club is an easy way to stop an accident about to happen .
2007-01-07 16:04:53 · answer #3 · answered by QuiteNewHere 7 · 1⤊ 1⤋
Nope all the officer needs is P.C (probable cause) to pull you over see that you are under the influence and do the test HGN (Horizontal gaze nystagmus) which is the unvoluntary titching of the eye when some one has been drinking.
2007-01-07 16:58:15 · answer #4 · answered by spanishflyin_tx 3 · 1⤊ 0⤋
Illegal or not, the drunk that got arrested would have a hard time arguing entrapment or whatever such nonsense.
I wish more of them (police) did it
I am sure that quite a few lives would be saved
including that of the idiot behind the wheel!
2007-01-07 16:30:37 · answer #5 · answered by lisa s 6 · 1⤊ 0⤋
Why wouldn't it be?
I would think that would be a pretty darn good place to catch drunk drivers.
If you aren't drunk, you wont get a DUI no matter where they pull you over...
2007-01-07 16:03:15 · answer #6 · answered by Anonymous · 1⤊ 0⤋
if you are parked, in the drivers seat and in possession of the keys you can be arrested for DUI
2007-01-07 15:57:17 · answer #7 · answered by 007 4 · 4⤊ 0⤋
Legal and happens everyday......
They don't just park outside the donut shop.
2007-01-07 16:45:32 · answer #8 · answered by Anonymous · 0⤊ 1⤋
It is legal in all states, if you are behind the wheel.
2007-01-07 16:03:54 · answer #9 · answered by ruth4526 7 · 1⤊ 0⤋
Sucks doesn't it. Anything can happen. You were driving drunk right??
2007-01-08 00:18:17 · answer #10 · answered by laney 5 · 1⤊ 0⤋