Can this really happen? Saw it on TV..DUI charge

[a1tinkfans]

Friend was inebriated, pulled off to the side of the road to sleep, and put his keys in the console.
He was arrested for Public Intoxication. This is in Texas.

Lesson- don't drink then drive AT ALL!

And if you as a Party Host let them leave your home intoxicated you too can be held liable. There are social host laws now too. Check out your area.
Drinking means= No Driving, just don't do it!

 

[livie1205]

Just remove the keys from the ignition and you can't be charged.

nope not so in Florida, this right from the LEO I am talking to right now and this is what he said " If you have constructive possession of the vehicle,that runs and you can operate at will while intoxicated, you can be charged with DUI " keep in mind people are arrested if the officer believes that a crime has occurred or is about to occurr and your the person committing that crime.

 

[livie1205]

Here is part of the jury instruction for DUI in Florida:
To prove the crime of Driving under the Influence, the State must prove the following two elements beyond a reasonable doubt:

1 (Defendant) drove or was in actual physical control of a vehicle.

2. While driving or in actual physical control of the vehicle, (defendant)

Give 2a or b or both as applicable.
a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.

b. had a [blood] [breath]-alcohol level of .08 or more grams
of alcohol per [100 milliliters of blood] [210 liters of breath].


Actual physical control of a vehicle means the defendant must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.

100% true.....IF you CAN drive the car you are DUI.

 

[Arkansan]

And if you as a Party Host let them leave your home intoxicated you too can be held liable. There are social host laws now too. Check out your area.
Drinking means= No Driving, just don't do it!

Additionaly, I know that you can be charged under "open bottle" laws in some states (where it is illegal to drink alcohol in a car) if you even have a partial 6 pack. Like, you purchased a 6 pack of beer and drove it to a friends house. While there, you or a friend consumed 2 of the bottles. You then took the remaining 4 bottles home and put them in the front passenger seat. Note--you are not over the limit and you did not drink them in your car. If you are stopped for any reason (speeding, DUI checkpoint, etc.) you can be charged with having an open bottle in the car. Even though all the remaining bottles are sealed and you did not consume them in the car. Even if you didn't even drink them at all. You could have shared them all with friends and you will still be charged the same as if you were drinking from an open beer while driving.