sitting behind wheel , car not running, but key was in ignition
2007-11-24 03:35:52 · 9 answers · asked by ishanktheball 1 in Politics & Government ➔ Law & Ethics
Absolutely yes in my state. I sometimes question whether this law is wise. Yes, you drove drunk, but this law encourages drunks to continue driving instead of pulling over. There are probably a lot of folks who started driving one night and decided--"wait, I'm too loaded. I shouldn't drive." So, this law troubles me. It punishes a safe act. This might not be true in all states, btw. In my state, the keys have to be in the ignition and you have to be behind the wheel. If you've moved into the back seat you can't be charged (IN MY STATE.) And-even though you didn't ask-the other stupid law is taking someone driver's license for failure to pay child support. How are they supposed to work if they can't get to a job?
2007-11-24 03:56:59 · answer #1 · answered by David M 7 · 4⤊ 0⤋
well....if you are going to court you have already been charged...i think you mean convicted.
That being said, I do not believe it is a driving while impaired charge that would stick, but there is a charge of care and control while impaired and yes, sitting behind the wheel with a key in the ignition is enough for a care and control charge/conviction.
2007-11-24 03:40:08 · answer #2 · answered by elysialaw 6 · 3⤊ 1⤋
Yes, the state law in some states is pretty terrible this way. I think they do it to prevent people from lying about not driving, but it can also cause a lot of unnecessary convictions when people really weren't driving.
Most people who drink have once or twice been in a car when they were drunk, but just sleeping it off. It seems wrong to penalize them for that.
2007-11-24 04:09:27 · answer #3 · answered by skip742 6 · 0⤊ 0⤋
Yes if the keys are in the vehicle you can be charged with a DWI or a DUI. If the keys were not in the car you would be ok they would have no proof you were going to drive.
2007-11-24 03:45:50 · answer #4 · answered by ★ 4 · 3⤊ 1⤋
In most states, the state only has to prove intent to drive under the influence. If you are sitting in the car with the keys, you had intent and opportunity to drive. If you were under the influence, you could be charged.
2007-11-24 04:00:21 · answer #5 · answered by Dan H 7 · 0⤊ 1⤋
If you are in a car drunk, they assume you either drove it there are intended to, so yes, you can be convicted of DWI/DUI. I suggest you get a good lawyer.
2007-11-24 04:02:50 · answer #6 · answered by whereRyou? 6 · 0⤊ 0⤋
Genareally, yes. Depends upon the exact language of your state's DUI & related statutes. This is a case where you should consult a lawyer.
2007-11-24 03:39:24 · answer #7 · answered by Anonymous · 6⤊ 0⤋
Yes you can. It's called "Being in actual physical control of the vehicle".
2007-11-24 04:09:01 · answer #8 · answered by Ranger473 4 · 0⤊ 0⤋
YES. The keys don't even have to be in the ignition.
2007-11-24 03:42:59 · answer #9 · answered by cyanne2ak 7 · 2⤊ 2⤋