"Sleeping It Off" in a Volt- Possible "Non-Driving DUI" Defense?

[ViperRT10Matt]

So let me just start by saying that absolutely in no case is it ever OK to drive a motor vehicle while intoxicated. Unfortunately however, just about every state in the US has laws on the books that charge you with a DUI if you DON'T drive your car, but are merely attempting to use it as shelter while waiting to sober up.

A common example of this might be that you are out one night, things get away from you a little bit, and as the bar empties out, you realize that while you're not completely hammered, you're still past the threshold of being ok to drive. So you get in your car and tilt your seat back to sleep it off in between sips from your bottle of water. Next thing you know, you're awakened by a tap on the window, and a cop takes you in for DUI, despite never actually having driven.

Often times, the difference between a conviction and not in these cases is the location of your keys when the officer finds you. If your keys are in the ignition or the engine is running (even just for heat on a freezing night), you're almost certain of a DUI. However, folks who put their keys on the passenger seat or elsewhere have had luck getting their cases overturned. Google "actual physical control" for examples.

"Key in the ignition" does not apply to Volt owners, as our "keys" work from anywhere in the vehicle. Would we have to chuck them a few meters outside of the car to stand a chance? What if we use the smartphone app to turn on the A/C or heater, making the car technically running, but not drivable?

Any cops/lawyers have any idea? Again, not that I'm planning on doing this anytime soon (nor is this a problem I'm facing right now, if that's what you're thinking, haha), but I'm willing to bet that as "smart keys" and iPhone apps that can start your car's accessories become more widespread, that something like this will matter a lot more to people who were otherwise trying to do the right thing.

[DonC]

Use the passenger seat for your snooze. Problem solved.

[Kup]

I'm not a lawyer but my advice is exactly what DonC said.

[hull22]

Didn't this happen on an episode of Everybody Loves Raymond?

[bonaire]

I think there will be laws changed to include "proximity of keys to electronic ignitions". There are still various laws on the books involving horse and buggy that haven't been repealed yet. (they of course do come into play in Amish-country farming areas).

[Fulgerite]

You can fold the back seats down and lie down in the back.

[VoltageDrop]

Use the passenger seat for your snooze. Problem solved.

GREAT ANSWER!!!

[Bob G]

Use the passenger seat for your snooze. Problem solved.

That would address the "physical control" question. You could still have the car "on" to run the heat.

Here is some information on Washington state (where I live) DUI laws:
"NOTE: If the car has been moved safely off the roadway prior to being pursued by a law enforcement officer, no person may be convicted of DUI under the physical control statute." (http://www.duiattorney.com/washington/wa-dui-charges/)

[mikeg3]

Wow, I had no idea you could get a DUI arrest for sleeping it off in your car. I did exactly that a few years ago.

BTW, beating the ticket is not the whole answer. Several companies send out "stringers" to copy every arrest from the police blotters. Auto insurers and employers use this information to assess applicants. Since these services are not credit bureaus, you'll never know it happened. If you think this is unfair, consider how many drunk drivers beat the rap on pure technicalities.

Sleeping in the passenger seat sounds good, but is there an attorney on this board to confirm it?

BTW, police get extra brownie points here for DUI arrests. The temptation to adjust the arrest report is always there. I once fought a ticket in court where the arresting officer described the police motorcycle stop in complete detail. Except that he was in a patrol car that day.

[CarZin]

"Wow, I had no idea you could get a DUI arrest for sleeping it off in your car. I did exactly that a few years ago."

I did as well, and had no idea until I talked with someone the next day I could have been busted. Busted for being responsible and not turning the key. In my case, I hadnt had liquor in years, and knew after a couple of shots, there is no way I would be driving that night. I just crawled in the car and slept. Very lucky, I guess.