The way the law is written you are in control of the vehicle if in possession of the keys, as the OP stated.

Don't like that, get the law changed.

Ofcourse, the police could have offered the option of calling a cab since he wasnt driving or being a threat to any body. Lawyer ball, I know.

He should have just locked his keys in his car.

Yep keys are inside the car. I know of it happening to people more than once. Two of them got off. The other one didn't. I know two guys that hide the keys out under the hood. One of those got charged with public intoxication. The other one had called his brother to come get him and LEO left him alone. I'm with you that you shouldn't be charged with DUI unless you are at least behind the wheel of a running car. It's just like the guy I know that was charged with hunting at night walking to his stand at night with a flashlight and a loaded rifle (not in Alabama). He was found not guilty but cost him a good bit of time and legal fees. It's been discussed on here before. You can be charged with DUI for driving drunk on your own property. I know another guy that was charged with DUI while riding a horse. He was on a gravel dead end road. He lived almost at the end of it. LEO was at the end of road with lights off, Sees guy coming down road and investigates. Guy was nearly passed out sitting up in the saddle. Had been down the road drinking around the fire with his neighbor. Yea he was trashed. Horse knew the way home and it would have been fine if LEO hadn't spotted him. Guy got out of that one after guys lawyer had some dirt on what LEO was actually doing down at the end of the road.

This has been a law for a while. I have been told be several LEOs that if it happens to take the keys and toss them somewhere or throw them in the bed of the truck. If they are in the cab of the truck anywhere they could still be considered "in reach". I'd rather pay a little for a locksmith over a set of keys than thousands for a DUI.

Definitely.

It may be a case of "revenue enhancement."

Or it might be that these officers have been given a zero tolerance mandate about this situation.

If the guy arrested were to fight it, I'd be trying to find out if some folks in the same situation got arrested and some got to ride home in a cab or Uber or something because of who they were.

I didn't know DUI laws applied to private property. So if I pass out in my truck in my yard with the keys I can be charged?

I guess where my mind goes, if he is drunk in his own house, with the truck in the driveway, he still has access to the keys and would technically be in control of the car. So, under those guidelines he could be arrested. I just hate it for him because he even told the officer he had an alcohol problem, that he had been working on, and just fallen off the wagon but knew he shouldn’t drive in his condition, so he didn’t.

Your yard or a somebody else's property. Big difference. The Bar parking lot aint your property.

I know.....this is like the thought police from 1984

Police are here to protect the public and enforce the law. They follow the law, they're asshats. They don't follow the law, they're asshats. They can't win.

Asleep in the backseat but Keys being in arms reach equaling control over the vehicle. I don't see that. I think the definition of "actual physical control" has been stretched mighty thin. Legally, those three words have great meaning. I know there have been many cases on this and there is differing opinion in different jurisdictions on what meets actual physical control. Passed out in drivers seat with keys in ignition--means the drunk person could easily operate the vehicle, cranked or not. But in the backseat in this case...there has to be some case law on what merits actual physical control vs. just being in proximity.

I don't know...just commenting from little personal knowledge and common sense..

Yes....you can get a dui for driving around on your own private property.

Daughter got a DUI in Birmingham for something similar. She was listening to the radio in her car in front of her apartment. Same deal. Police pulled up and arrested her. Lawyer got it dismissed.


I understand arresting drunk drivers. They should. However, I also feel like you should be driving. It's kinda in the title: Driving Under the Influence not Sitting in the Car Under the Influence.

Well, fact is he was drunk in a vehicle with the keys. How about we throw out all the “he’s being railroaded” and “the police could have done this” and put the fault where it lies, at his feet. With Uber, Lyft and a hundred cabs and a cell phone to call a friend if you are going out drinking there is no excuse to get a dui.

No dummy, it aint some SCI-FI goofy sh1t. Every asshat since 1830 knows that if you half-pass-out at a bar and you have to half-way get your butt home on the road that you aint exactly right and may be a danger to the overall community. Its fair to ticket him. But to make him pay or talk about publicly about his drinking problem well that is something for the courts to decide.

You should not be going to jail for what you MIGHT do.

Id go the court appointed attorney route and argue i was not in physical control of the vehicle if keys were in front console and I was asleep in the back seat. maybe plea it down to public intox if possible if that didnt work Id hire an attorney on appeal. My understanding is you must be in the drivers seat to be in control of a vehicle. If that isnt the case then you could potentially be charged with DUI sitting in the passenger seat if your designated driver steps out to run in the gas station and leaves the keys.

This was what I was told, do not have the keys inside the vehicle if you want to sleep it off. I don't drink and drive, but we were comparing Texas to Alabama laws. Conceal carry and DUI was the topic.

So this sets the precedence of what ford said above...guy is intoxicated at home, keys in pocket and truck parked in driveway. Under those guidelines, errone here that gets hammered while watching a football game at the house could be charged with dui? Follow the money boys, follow the money. Sure the guy could prob beat the charge...but like said, it's gonna cost him $10k. Lawyers and court costs.