Question:
APC/ DUI while not driving?
Brii Hunt
2011-07-24 00:02:21 UTC
I was at a party, very very intoxicated. I wanted to leave, but my friend didn't.. so I went outside to my parked truck.. by the curb.. parked the right way.. and went to sleep. Next thing I know my door is being opened by the police. They gave me a sobriety test and I failed. So they took me to jail and I had to stay the night to sober up. But, they ended up giving me an APC. Which is basically a DUI. My keys were also in the passenger seat..not the ignition.

Anyone know what's gonna happen? I've never been in trouble like this before and I have no idea what to expect.
Four answers:
anonymous
2011-07-24 00:09:26 UTC
even if you're not driving, if you're above the alcohol limit and inside a vehicle WITH the keys, it still qualifies as DUI in most states. if this is your first offense, it's not really that big of a deal. yes it's a crime, but it's a misdemeanor and won't be on your record forever. you'll lose your license for a few months, have to go to AA classes(even if you're not an alcoholic, they're mandatory in these cases), then your insurance rates will likely go up a bit. after that, your life will pretty much revert back to normal.



PS: when your license is suspended, ask about a work permit. this basically lets you drive for work/school related purposes, it can be a big help.
anonymous
2011-07-24 12:00:58 UTC
In the USA, as strange as it sounds, you will likely be convicted of DUI. I was on a jury recently and the guy was in the exact same situation as you and we had to convict him because the law says that if you were in the car (front seat) and the keys were (somewhere) in the car, then you are guilty. I don't agree with the law, but that is what happened.
Para
2011-07-24 07:05:12 UTC
Thats just how it works. Keys have to be somewhere where you cant get them, in the trunk is the safest (assuming you can get to them because your seats go down, so you can even put them back there) Ive heard that glove compartment works too. Your license will probably be suspended, and or tragic school and or a big fat fine that you'll have to pay the courts.
sensible_man
2011-07-24 07:06:27 UTC
You will be found guilty since you had the keys, basically, in your possession.


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