Can one be arrested for DUI when not driving?

[Guest]

I saw this article about the Navy Seal who supposedly shot Bin Laden. Apparently no one saw him driving, although he was in the driver's seat. Does one usually have to be driving to be found guilty of a DUI?

http://billingsgazette.com/news/crime/police-arrest-retired-navy-seal-rob-o-neill-for-driving/article_e1e1f5b8-50c1-52b0-ad0f-1edf18dd126a.html

[bigvalboy]

I saw this article about the Navy Seal who supposedly shot Bin Laden. Apparently no one saw him driving, although he was in the driver's seat. Does one usually have to be driving to be found guilty of a DUI?

http://billingsgazette.com/news/crime/police-arrest-retired-navy-seal-rob-o-neill-for-driving/article_e1e1f5b8-50c1-52b0-ad0f-1edf18dd126a.html

 

Yes...As I understand the law in California at least, if you are in your car and have access to the keys, you can be arrested for a DUI. The keys must be locked away in the trunk, completely out of reach from the driver.

 

My friend went through the same scenario. He was resting in his car before making a long drive home. Although he blew well below the legal limit in the breathalyzer, they made him do a field sobriety test, which is subjective. They arrested for a DUI claiming that he had access to the car keys. He eventually beat the charges, but it cost him 5k.

[+ purplekow]

The law is different from state to state. I know there are several local states in which it is possible to get a ticket for driving when impaired if you are sleeping behind the wheel and the keys are in the ignition though the car is turned off.

[+ quoththeraven]

Yes, it is. Grace Slick of the Jefferson Airplane, who is a recovering alcoholic, was arrested in California at least once during the height of her fame while sitting in her parked car (keys presumably in the ignition), drunk. She's called it an arrest for drunk mouth, as she aggravated the situation with smart aleck remarks. I believe she pled out.

[+ Rickee]

I've also heard the access-to-keys litmus test.

 

Regardless, if the authorities were really determined to nail you, they could pursue the Public Intoxication angle. Hard to disturb the peace if you're asleep I suppose, but at that point the officer would just be looking to somehow make your like hellish.

 

With all that said, I do fully support efforts to keep intoxicated drivers off the road and away from my life.