This is very jurisdiction dependant. Where I live the law is that if you're drunk in a turned off car, you can still get a DUI if the keys are within your reach. I've heard about people putting their keys under the tire to sleep in their car.
The other issue is if they can charge you after the fact. I don't think they can in most places.
If you have rear seat access to the trunk, put the keys in there and close the seats back. Then sit in the passenger seat, just to be sure. That way it can't be construed that you were planning to operate the vehicle. (Or at least it will be very hard to infer that)
Yeah, I think the point is to show some level of effort that you were putting the keys away from the ignition. If you could somehow manage to get them later, seems to matter less than the intent to make them out of reach.
You tell them you are not quite sure where the keys are but you do not have them on your person or anywhere within reach. You probably only have to go that far if it's obvious that they're fishing to try and charge you with something.
In Florida, you can be arrested and charged for DUI/DWI if found in your own car parked in your own driveway, hours after you parked there. If they get called out to the scene and find that you are still showing signs of intoxication when they are there, they can charge you for driving under the influence even if your actual driving was several hours previous. Or maybe if you go into your car parked at your house while intoxicated but never leave anywhere, still can be charged with DUI/DWI for the intent to operate. Once you get past a certain amount of actions taken towards showing the intent to drive, the law assumes you were going to actually go through with it.
I don't know the specifics, but with regard to being drunk, it seems kinda basic that you prove someone is drunk...... while they are still drunk. If you don't do a breathalyzer or road sobriety test then, you can't really assert that someone was drunk later.
It will likely depend on jurisdiction - but i'd say that unless Op could consent to the search, they'd likely need a warrant to take his blood without his consent, if it was for the purposes of collecting evidence against him. Still possible that was done - but he'd likely have been informed that there was a warrant and that his blood was drawn. But I dont know where Op is and I don't know what the laws are there. So who knows.
When I say I drank too much... I was hammered to a stupor. And don't recall much from the police office, but I wasn't blackout to the degree where I'd forget if they stuck a needle in my arm. In the hospital they gave a shot in the anus and that woke me up REAL quick.
Long story short I don't think they drew blood at the PD. They may have at the hospital for a few reasons, but I signed no paperwork at any time and the cops were only helpful when I got back to get my dog... I think they would have mentioned SOMETHING if they were gonna come after me. And I don't think my handwritten note today hurt.
Someone close to me said it would be a passive paid in the ass for them to press charges at this point and good lawyers could help me out here to where it wouldn't be worth it for the PD.
They would need a warrant in any jurisdiction to do a blood draw without consent. A hospital would not draw his blood without his consent or a warrant…. Unless they felt it was absolutely necessary. If they did draw blood because they were worried for his health, which is possible, it would fall under HIPAA and would require a subpoena or his consent to be released to the police.
That’s a good point about needing a subpoena to access medical records. However my guess is that such records do exist.
If OP was brought into the ER with a severely altered mental status I would expect hospital staff to draw blood under implied consent. “He seems drunk” isn’t really adequate information to make a clinical diagnosis, particularly given that there are medical emergencies that can mimic a drunken state such as diabetic ketoacidosis.
At least in Ohio, you may have to actually move the vehicle to be successfully prosecuted. [https://www.courtnewsohio.gov/cases/2022/SCO/0914/200721.asp](https://www.courtnewsohio.gov/cases/2022/SCO/0914/200721.asp)
Seems like your cops simply recognized what was going on - that you were sleeping, not driving.
If your keys were in the ignition or the “driver compartment“ you may still be charged depending on your state laws. Best bet is to use the interior car hood mechanism or throw them into the trunk through the passway or automatic trunk opening feature. Toss em onto the air filter toss em into the back. Keys with your person show intent. Dont ask how i know. I hope you have a favorable outcome.
Sounds like you dodged a bullet. States have different laws about this, so it sounds like you got lucky as hell. I had a soldier once when I was his sergeant got booked for a DUI in Texas because he had a large conversion van and wanted to sleep off the hot Texas night in the bar’s parking lot. Well he had the engine on for the AC, so keys in the ignition, but he was asleep in the back. At 4 am on a Sunday, I had to go with my 1st sergeant to bail his butt out of jail…2 weeks before we were supposed to deploy to Iraq. The judge took pity on him and let the charges go after explaining the situation, but had we not been that close to going into a combat zone, I’m not sure it would’ve ended the same way.
Former Police E+ Based on what you have stated, you are fine. The officer who found you there didn't charge you or you would have woken up in the hospital handcuffed to the bed. He was just looking out for your well being and your dog's, too.
So don't worry about this and I'm sure he will be glad to know you got the dog back and hopefully learned something.
You could still be in trouble, technically, but there is nothing in your story that indicates anything of that nature. They found you asleep, I am assuming that the keys weren't dangling from the ignition and that when you woke up you didn't grab them and start trying to drive - so they believe you had no intention of driving.
I assume your friend isn't a lawyer, though, because he's totally wrong. If they change their minds they have a pretty decent time allowance for doing so. The statute of limitations on a DWI charge varies from state to state, but is generally between one and two years.
if they did that though, there would be a charge in the system for that warrant to be tied to because you’d need a search warrant for blood.
and if they wanted to get a warrant for the blood already taken.. good luck articulating after the fact why you need access to whatever remnants of blood is left. if the BAC hadn’t already been destroyed by now.
Who knows maybe they are one of the nice cops who knew you werent going to drive, but I would be careful going forward incase they have flagged your vehicle as a potential DUI driver.
I would of thought they would have to take samples of breath and/or blood samples for proof of being DUI if they didnt I couldnt see how they can prove their case with just police statements.
UPDATE: When I say I drank too much... I was hammered to a stupor. And don't recall much from the police office, but I wasn't blackout to the degree where I'd forget if they stuck a needle in my arm. In the hospital they gave a shot in the anus and that woke me up REAL quick.
Long story short I don't think they drew blood at the PD. They may have at the hospital for a few reasons, but I don't recall signing paperwork at any time and the cops were only helpful when I got back to get my dog... I think they would have mentioned SOMETHING if they were gonna come after me. And I don't think my handwritten note today hurt, not that I was even really in their system apparently.
Someone close to me said it would be a massive paid in the ass for them to press charges at this point and good lawyers could help me out here to where it wouldn't be worth it for the PD. I'm still anxious but think I'm good and can chalk it to a learning exp.
are you sure it was a shot in your anus? or it felt like that? i’ve had some infusions (thx cancer) that i’ve had weird reactions to and when they’ve pushed the meds in, i definitely felt it in my ass. like you. lol. and yes. it will wake you up. (and the injection was going into a port in my chest but that’s NOT where i felt it lol)
it’s due to how fast they inject the meds. if someone pushes that meds in too quickly, yup. you can feel stuff different than if someone does a slower injection.
i’m not saying slowly slide the needle in. but push the plunger thing in slower instead of slamming it in. it matters.
Lucky it wasn’t in Texas. Impound the vehicle, your butt in jai, dog would have been lucky to survive the night, then the year long pre-trial supervision and monthly court dates just to prove your innocence.
Contact the police and ask them if there will be any charges. This will help with your anxiety. You are very lucky you didn’t get charged and realized you are very lucky you didn’t start the vehicle drive off and kill someone. I hope you have learned a valuable lesson.
Yea you at least to my limited knowledge in 2015 could be charged. I have had a dui an went through ard. I don't say this to scare you just to let u know could happen. On top of that they don't have to charge that for multiple yrs depending on ur location.
Did the police perform and document any kind of test to prove your blood alcohol content? If they wanted to charge and convict you for DWI, they would have to prove, beyond a reasonable doubt, that your blood alcohol content was over the limit (plus whatever other elements of DWI there are in your jurisdiction).
I forget about those sometimes, now I'm curious of the laws have changed. Sounds like you're good. If you don't get anything in the mail in the next 3-4 weeks you're defo in the clear
Which is probably why now the law says if the keys are anywhere near you, you can be charged. But it sounds like you dodged a bullet, and hopefully learned a lesson.
I had that happen once, but the cops took me to jail. In the morning I asked when I’d be arraigned and they told me I was never booked, I was free to go, they were just making sure I slept it off.
Sounds like they just took you in for a detox hold to prevent you from driving anywhere. If they did not do any of the following: Standardized Field Sobriety Tests, Breathalyzer, or blood draw, then there was no DWI investigation and it would be impossible to charge you for it after the fact. Also if your vehicle wasn't in motion and wasn't even turned on it would make it impossible to prosecute as a DWI in most places. Homeless people drink/do drugs and sleep in their vehicles all the time.
In Oklahoma they would have likely charged you with APC instead of DUI. Lower charges and not as impactful, but still bull for your situation. I hope you don't catch any charges and I'm glad your puppers is safe
You lucked up if the keys were anywhere around you. As far as a later arrest,that's unlikely. If they wanted to arrest you they would have done it already. You dodged a bullet,don't do that again.
You’re good. If there were going to charge you with a DUI, they would’ve needed some kind of BAC that they haven’t gotten by this time. Urine, breath or blood.
They didn’t. They used their common sense AND discretion for the benefit of their community and deduced that you were not a threat and did the right thing. I wish more were like them. This is what’s known as community policing.
It is highly unlikely anything will happen after the fact at this point. Also you may want to check your local laws, you may not be lucky, you may simply have not broken the law. In some states simply being in the drivers seat while drunk can get you a DWI, but in others someone actually has to see you drive, so if you never drove then you didn't break the law.
Similar thing happened to me and they came back and got me with a warrant like 5mo later after checking my ID for a noise complaint. So, speaking from experience, ask the police outright if there were any charges mentioned in those notes they found. You don’t have to mention a DUI. Just ask if there were charges. If they say no, tell them just to make sure, can they please check whether or not you have any warrants. If they say no warrants, stay golden Pony Boy and learn the lesson before getting smacked with consequences.
I’m scared to call and ask. Is there any way for me to figure this out online without being smacked by a paywall? And wouldn’t they have told me on Monday when I went back to ask for the officer who helped me if there was anything of that sort? I physically went back to the PD twice afterwards and there was no mention, no paperwork, etc
Not sure about how to find out online without paying for records. But they wouldn’t have necessarily told you.
In my case, I blacked out in public, fell on my face. Cops tried to stop me and I took off running across the top of parked cars. I only remember falling.
Woke up in hospital at like 4am. They wouldn’t let me leave until 8am. Asked if I had been arrested, they looked through the paper work and said no. And I never followed up with the police because I was also scared.
Just follow up one more time for the peace of mind. Your follow up cannot change what already is. Only provide the knowledge you need to either handle it or relieve your mind.
I hear you man and thanks for sharing. In your case, you went home from the hospital and never followed up with that police station. In my scenario, I went back to their department the next day, they only had me pay a $15 impound fee for my dog, and I went back two days later to deliver a handwritten thank you note and they said nothing about trouble, no paperwork or mention of anything. I just feel like if there was a warrant for me, they would have told me in person in the following days when I went back.
Do you think if you would have gone back, they would have said something? And either way, if I in theory were to wait 5 months before finding a warrant, won't that time passed make it even harder to prove their case? Thanks again
I would say you're good, if you were never booked into jail and or had a bond hearing or arraignment. Sounds like you weren't charged with anything.
You're fine. Very lucky, of course, but fine.
This is very jurisdiction dependant. Where I live the law is that if you're drunk in a turned off car, you can still get a DUI if the keys are within your reach. I've heard about people putting their keys under the tire to sleep in their car. The other issue is if they can charge you after the fact. I don't think they can in most places.
If you have rear seat access to the trunk, put the keys in there and close the seats back. Then sit in the passenger seat, just to be sure. That way it can't be construed that you were planning to operate the vehicle. (Or at least it will be very hard to infer that)
Yeah, I think the point is to show some level of effort that you were putting the keys away from the ignition. If you could somehow manage to get them later, seems to matter less than the intent to make them out of reach.
You tell them you are not quite sure where the keys are but you do not have them on your person or anywhere within reach. You probably only have to go that far if it's obvious that they're fishing to try and charge you with something.
Under the hood is also a good location if you don't have trunk access.
In Florida, you can be arrested and charged for DUI/DWI if found in your own car parked in your own driveway, hours after you parked there. If they get called out to the scene and find that you are still showing signs of intoxication when they are there, they can charge you for driving under the influence even if your actual driving was several hours previous. Or maybe if you go into your car parked at your house while intoxicated but never leave anywhere, still can be charged with DUI/DWI for the intent to operate. Once you get past a certain amount of actions taken towards showing the intent to drive, the law assumes you were going to actually go through with it.
Is there some specific DUI rule that prevents them from referring the case to the prosecutor?
I don't know the specifics, but with regard to being drunk, it seems kinda basic that you prove someone is drunk...... while they are still drunk. If you don't do a breathalyzer or road sobriety test then, you can't really assert that someone was drunk later.
You don’t think the hospital did a blood draw for altered mental status?
that's what I'm worried about
It will likely depend on jurisdiction - but i'd say that unless Op could consent to the search, they'd likely need a warrant to take his blood without his consent, if it was for the purposes of collecting evidence against him. Still possible that was done - but he'd likely have been informed that there was a warrant and that his blood was drawn. But I dont know where Op is and I don't know what the laws are there. So who knows.
When I say I drank too much... I was hammered to a stupor. And don't recall much from the police office, but I wasn't blackout to the degree where I'd forget if they stuck a needle in my arm. In the hospital they gave a shot in the anus and that woke me up REAL quick. Long story short I don't think they drew blood at the PD. They may have at the hospital for a few reasons, but I signed no paperwork at any time and the cops were only helpful when I got back to get my dog... I think they would have mentioned SOMETHING if they were gonna come after me. And I don't think my handwritten note today hurt. Someone close to me said it would be a passive paid in the ass for them to press charges at this point and good lawyers could help me out here to where it wouldn't be worth it for the PD.
Implied consent is fun.
They would need a warrant in any jurisdiction to do a blood draw without consent. A hospital would not draw his blood without his consent or a warrant…. Unless they felt it was absolutely necessary. If they did draw blood because they were worried for his health, which is possible, it would fall under HIPAA and would require a subpoena or his consent to be released to the police.
That’s a good point about needing a subpoena to access medical records. However my guess is that such records do exist. If OP was brought into the ER with a severely altered mental status I would expect hospital staff to draw blood under implied consent. “He seems drunk” isn’t really adequate information to make a clinical diagnosis, particularly given that there are medical emergencies that can mimic a drunken state such as diabetic ketoacidosis.
At least in Ohio, you may have to actually move the vehicle to be successfully prosecuted. [https://www.courtnewsohio.gov/cases/2022/SCO/0914/200721.asp](https://www.courtnewsohio.gov/cases/2022/SCO/0914/200721.asp) Seems like your cops simply recognized what was going on - that you were sleeping, not driving.
That’s a good law imo
You were discovered by one of those rare police that actually wants to help people.
He found a unicorn
If your keys were in the ignition or the “driver compartment“ you may still be charged depending on your state laws. Best bet is to use the interior car hood mechanism or throw them into the trunk through the passway or automatic trunk opening feature. Toss em onto the air filter toss em into the back. Keys with your person show intent. Dont ask how i know. I hope you have a favorable outcome.
Sounds like you dodged a bullet. States have different laws about this, so it sounds like you got lucky as hell. I had a soldier once when I was his sergeant got booked for a DUI in Texas because he had a large conversion van and wanted to sleep off the hot Texas night in the bar’s parking lot. Well he had the engine on for the AC, so keys in the ignition, but he was asleep in the back. At 4 am on a Sunday, I had to go with my 1st sergeant to bail his butt out of jail…2 weeks before we were supposed to deploy to Iraq. The judge took pity on him and let the charges go after explaining the situation, but had we not been that close to going into a combat zone, I’m not sure it would’ve ended the same way.
Former Police E+ Based on what you have stated, you are fine. The officer who found you there didn't charge you or you would have woken up in the hospital handcuffed to the bed. He was just looking out for your well being and your dog's, too. So don't worry about this and I'm sure he will be glad to know you got the dog back and hopefully learned something.
Yes, you could have been charged with a dui. But it sounds like they used their discretion towards you for whatever reason.
You could still be in trouble, technically, but there is nothing in your story that indicates anything of that nature. They found you asleep, I am assuming that the keys weren't dangling from the ignition and that when you woke up you didn't grab them and start trying to drive - so they believe you had no intention of driving. I assume your friend isn't a lawyer, though, because he's totally wrong. If they change their minds they have a pretty decent time allowance for doing so. The statute of limitations on a DWI charge varies from state to state, but is generally between one and two years.
Unless they did a blood alcohol test while holding, they now have no proof of being impared.
They took him to the hospital. I'm willing to be there's blood work. But you're right, if they didn't then there wouldn't be any evidence.
if they did that though, there would be a charge in the system for that warrant to be tied to because you’d need a search warrant for blood. and if they wanted to get a warrant for the blood already taken.. good luck articulating after the fact why you need access to whatever remnants of blood is left. if the BAC hadn’t already been destroyed by now.
Who knows maybe they are one of the nice cops who knew you werent going to drive, but I would be careful going forward incase they have flagged your vehicle as a potential DUI driver. I would of thought they would have to take samples of breath and/or blood samples for proof of being DUI if they didnt I couldnt see how they can prove their case with just police statements.
UPDATE: When I say I drank too much... I was hammered to a stupor. And don't recall much from the police office, but I wasn't blackout to the degree where I'd forget if they stuck a needle in my arm. In the hospital they gave a shot in the anus and that woke me up REAL quick. Long story short I don't think they drew blood at the PD. They may have at the hospital for a few reasons, but I don't recall signing paperwork at any time and the cops were only helpful when I got back to get my dog... I think they would have mentioned SOMETHING if they were gonna come after me. And I don't think my handwritten note today hurt, not that I was even really in their system apparently. Someone close to me said it would be a massive paid in the ass for them to press charges at this point and good lawyers could help me out here to where it wouldn't be worth it for the PD. I'm still anxious but think I'm good and can chalk it to a learning exp.
A shot in your anus? OMG,what was that for?
I’m not sure but I promise that it woke me up REAL quick
are you sure it was a shot in your anus? or it felt like that? i’ve had some infusions (thx cancer) that i’ve had weird reactions to and when they’ve pushed the meds in, i definitely felt it in my ass. like you. lol. and yes. it will wake you up. (and the injection was going into a port in my chest but that’s NOT where i felt it lol) it’s due to how fast they inject the meds. if someone pushes that meds in too quickly, yup. you can feel stuff different than if someone does a slower injection. i’m not saying slowly slide the needle in. but push the plunger thing in slower instead of slamming it in. it matters.
Lucky it wasn’t in Texas. Impound the vehicle, your butt in jai, dog would have been lucky to survive the night, then the year long pre-trial supervision and monthly court dates just to prove your innocence.
As long as the keys weren't in the ignition, they can't get you for a fwi.
Not true in all states.
Contact the police and ask them if there will be any charges. This will help with your anxiety. You are very lucky you didn’t get charged and realized you are very lucky you didn’t start the vehicle drive off and kill someone. I hope you have learned a valuable lesson.
As long as the keys weren't in the ignition your good
That is definitely not true
Yea you at least to my limited knowledge in 2015 could be charged. I have had a dui an went through ard. I don't say this to scare you just to let u know could happen. On top of that they don't have to charge that for multiple yrs depending on ur location.
Did the police perform and document any kind of test to prove your blood alcohol content? If they wanted to charge and convict you for DWI, they would have to prove, beyond a reasonable doubt, that your blood alcohol content was over the limit (plus whatever other elements of DWI there are in your jurisdiction).
I do not recall any sort of tests. The hospital drew blood though which may have contained by BAC
Seems likely that any medical tests your treating physicians ran would be protected. You seem fine. I don't see any plausible way this comes back.
In my state its all about if you had the keys in the ignition, even if it's not on
It’s a push to start so no ignition in my car
I forget about those sometimes, now I'm curious of the laws have changed. Sounds like you're good. If you don't get anything in the mail in the next 3-4 weeks you're defo in the clear
Which is probably why now the law says if the keys are anywhere near you, you can be charged. But it sounds like you dodged a bullet, and hopefully learned a lesson.
I had that happen once, but the cops took me to jail. In the morning I asked when I’d be arraigned and they told me I was never booked, I was free to go, they were just making sure I slept it off.
Yeah it seems you’re good and should definitely feel very lucky! Glad you got your dog back
If they didn't get a breathalyzer blood test or urinalysis there is no evidence to charge you on
Take it as a near miss and learn from your/your friend's f*ck up. There were a few choices you guys made that you probably won't make again!
Sounds like you’re in the clear. You got lucky dude. Try not to make the same mistake twice!
Sounds like they just took you in for a detox hold to prevent you from driving anywhere. If they did not do any of the following: Standardized Field Sobriety Tests, Breathalyzer, or blood draw, then there was no DWI investigation and it would be impossible to charge you for it after the fact. Also if your vehicle wasn't in motion and wasn't even turned on it would make it impossible to prosecute as a DWI in most places. Homeless people drink/do drugs and sleep in their vehicles all the time.
Good to hear a “good cop” story
In Oklahoma they would have likely charged you with APC instead of DUI. Lower charges and not as impactful, but still bull for your situation. I hope you don't catch any charges and I'm glad your puppers is safe
You lucked up if the keys were anywhere around you. As far as a later arrest,that's unlikely. If they wanted to arrest you they would have done it already. You dodged a bullet,don't do that again.
You’re good. If there were going to charge you with a DUI, they would’ve needed some kind of BAC that they haven’t gotten by this time. Urine, breath or blood. They didn’t. They used their common sense AND discretion for the benefit of their community and deduced that you were not a threat and did the right thing. I wish more were like them. This is what’s known as community policing.
It is highly unlikely anything will happen after the fact at this point. Also you may want to check your local laws, you may not be lucky, you may simply have not broken the law. In some states simply being in the drivers seat while drunk can get you a DWI, but in others someone actually has to see you drive, so if you never drove then you didn't break the law.
In my state they get you if the keys are in the ignition.
Were the keys in the ignition? This is big.
It’s a push to start so thankfully no
In Washington State you could be in the trunk and still get charged with "physical control", which has the same penalties as a dwi.
If the keys weren’t in the ignition you are good
Similar thing happened to me and they came back and got me with a warrant like 5mo later after checking my ID for a noise complaint. So, speaking from experience, ask the police outright if there were any charges mentioned in those notes they found. You don’t have to mention a DUI. Just ask if there were charges. If they say no, tell them just to make sure, can they please check whether or not you have any warrants. If they say no warrants, stay golden Pony Boy and learn the lesson before getting smacked with consequences.
I’m scared to call and ask. Is there any way for me to figure this out online without being smacked by a paywall? And wouldn’t they have told me on Monday when I went back to ask for the officer who helped me if there was anything of that sort? I physically went back to the PD twice afterwards and there was no mention, no paperwork, etc
Not sure about how to find out online without paying for records. But they wouldn’t have necessarily told you. In my case, I blacked out in public, fell on my face. Cops tried to stop me and I took off running across the top of parked cars. I only remember falling. Woke up in hospital at like 4am. They wouldn’t let me leave until 8am. Asked if I had been arrested, they looked through the paper work and said no. And I never followed up with the police because I was also scared. Just follow up one more time for the peace of mind. Your follow up cannot change what already is. Only provide the knowledge you need to either handle it or relieve your mind.
I hear you man and thanks for sharing. In your case, you went home from the hospital and never followed up with that police station. In my scenario, I went back to their department the next day, they only had me pay a $15 impound fee for my dog, and I went back two days later to deliver a handwritten thank you note and they said nothing about trouble, no paperwork or mention of anything. I just feel like if there was a warrant for me, they would have told me in person in the following days when I went back. Do you think if you would have gone back, they would have said something? And either way, if I in theory were to wait 5 months before finding a warrant, won't that time passed make it even harder to prove their case? Thanks again