Opening Day Hangovers

[WNYBuckHunter]

You cannot get a DWI just because you are in your car sleeping off a hang over and the keys are in your pocket. You have to have the intent to drive. Meaning the vehicle first must be running and second must be on public property.

Oh yes you can

[Single_shot]

I dunno about NY,but in Pa you can and will get a DUI if you are on public or private property and have the keys on your person,in your trunk,up in the tree,don't matter. What I mean by private property is for instance,you figured you would sleep it off somewhere other than your own property.Just because the keys are not in the ignition does not mean you have no intent.You can't prove you won't drive,and they don't need to prove you have intent....you are drunk,therefore you lose.

[jjb4900]

yes, all you need to have is physical control over the vehicle, having the key's with you satisfies that.....don't matter if you hide em under the seat, stick em in your pocket or whatever...and pulling off into a parking lot won't help you either.

[Single_shot]

Here is more food for thought on that buddy that wants to have a cold one while you are driving.

http://www.legalmatc...s-by-state.html

EDIT: I had a DUI many moons ago.....won't do it again,trust me,you CAN"T afford it. In Pa they can go back 10 years by law.

Edited November 29, 2012 by Single_shot

[d-bone20917]

So what kind of ticket do you get for having an open container in a vehicle?

[Single_shot]

So what kind of ticket do you get for having an open container in a vehicle?

http://www.ehow.com/info_8412731_happens-open-container-violation.html

[LIHUNT]

WNYBUCK, NO YOU CAN NOT! Trust me i know. I dont know where you get your info but def. dead wrong. You cant be on private property and be arrested for a DWI.

[Single_shot]

A quick search...

http://www.duiattorney.com/dui-basics/private-property/

[LIHUNT]

Like I said in previous posts you have to have the keys in the ignition "running" with intent to drive "or as the article says "be in control of the vehicle"

[Single_shot]

Well come to Pa get drunk and sit sleeping in a Kmart lot with the keys in your pocket...you will get charged with dui. I know this.

[Marcygirl]

Guess single shot summed it up, think you can also, easiest way to avoid a dwi, don't drink has worked for me for many years,

Can't kill deer on the couch

Can't get a dwi if you don't drink

Simple

[LIHUNT]

Marcygirl i completely agree with you. but if someone does choose to drink and knows its not a good idea to drive and does the right thing by sleeping it off whether its in the back of their pick up truck or in the back seat of the car i dont see any way a DWI can be given.

[jjb4900]

WNYBUCK, NO YOU CAN NOT! Trust me i know. I dont know where you get your info but def. dead wrong. You cant be on private property and be arrested for a DWI.

care to share how you definitely know and why anyone should trust your advice? since you say WNYBUCK is dead wrong it would be interesting to know how you're 100% right.

[Five Seasons]

A quick search...

http://www.duiattorn...ivate-property/

Like I said in previous posts you have to have the keys in the ignition "running" with intent to drive "or as the article says "be in control of the vehicle"

And I think control of the vehicle is the gray area right? If they're in your pocket many say you are in control and looks like a few members have actual history. For what it's worth though, that link is from a practice in Georgia and every state has different laws

Funny thing is that it looks like even attorneys in new york have varying answers if you read through this page

http://www.lawqa.com/qa/can-you-legally-get-dui-sleeping2

Edited November 30, 2012 by Belo

[jjb4900]

to say you can't be arrested for DWI on private property is laughable, let's see....Home Depot, Wal Mart, etc, all private property, but somehow you can be issued tickets for parking in Handicapped spots and fire zones.......how do you explain that?

[tughillhunter]

Getting a dwi sucks. I got one in 2004, at the age of 25. December 23. Company xmas party. Had to sell my snowmobile to pay the attorney fees. That sucked because I really loved that sled. I think I loved it more than my better half at the time. Lesson learned. Cant drink a case of beer, a bottle of blackhaus, and get behind the wheel. So, needless to say, ill sleep it off in the morning and to to the stand later that afternoon. No more drinking and driving for this cat.

Edited November 30, 2012 by tughillhunter

[arrow nocker]

you can get a dwi for driving excessively tired too.Did you know that.If you cause and accident ind kill someone,because you fell asleep at the wheel when you know you shouldn't be driving cause you havn't been to sleep in two days.You can be charged for vehicle manslaughter.

[WNYBuckHunter]

to say you can't be arrested for DWI on private property is laughable, let's see....Home Depot, Wal Mart, etc, all private property, but somehow you can be issued tickets for parking in Handicapped spots and fire zones.......how do you explain that?

I know of people in my own town that have been given a DWI for mowing their lawn while drunk, on their lawn tractor, on their own private property. I also know of farmers that got them from driving their tractors drunk.

[ELMER J. FUDD]

I'm pretty sure the law says it is illegal to operate any motor vehicle in the state. If your mower is in ny I'd think that applies to you. Look at it this way, sub another law with dwi and it is still breaking the law.

[LIHUNT]

I'm too busy deer hunting to argue about DWI's and where when or why you should or should not get one. Like MarcyGirl said don't drink don't get a DWI end o' story.