Yeah, unfortunately you can get a DWI for pulling over and napping in your car on the side of the road because you didn’t feel safe driving. Because they argue how else did you get there if not by driving. And I suppose no one sober would choose to start drinking on the side of the road in a car.
It’s even worse than that. You can be parked right outside of a bar and still get a DWI, because if you’re in the driver’s seat and could conceivably access the keys, you’re considered to be ‘in control of the vehicle’, which is all it takes. So if you’re going to do this, make sure the car isn’t running, the keys aren’t anywhere near the ignition, and you’re in the back seat.
Back around 2005 or so, I was stationed in Japan with the US military. A buddy of mine parked his car on the shopping strip in front of the military base’s main gate and then walked to a bar. Later that night, intoxicated, he stumbled back to his car, intent to sleep it off in the back seat before going home.
A gate guard saw him drunkenly ambling toward his car with a key in hand and ran after him. Busted him for a DUI on the spot. Dude didn’t even get into his car and he got a charge on his permanent military record for intent to drive under the influence of alcohol.
I dunno how things work in the civilian sector (I don’t drink at all), but the military doesn’t play games. If you’re drunk and have access to a car key and a vehicle, they’ll bust you.
It’s even worse than that. You can be parked right outside of a bar and still get a DWI, because if you’re in the driver’s seat and could conceivably access the keys, you’re considered to be ‘in control of the vehicle’, which is all it takes. So if you’re going to do this, make sure the car isn’t running, the keys aren’t anywhere near the ignition, and you’re in the back seat.
Back around 2005 or so, I was stationed in Japan with the US military. A buddy of mine parked his car on the shopping strip in front of the military base’s main gate and then walked to a bar. Later that night, intoxicated, he stumbled back to his car, intent to sleep it off in the back seat before going home.
A gate guard saw him drunkenly ambling toward his car with a key in hand and ran after him. Busted him for a DUI on the spot. Dude didn’t even get into his car and he got a charge on his permanent military record for intent to drive under the influence of alcohol.
I dunno how things work in the civilian sector (I don’t drink at all), but the military doesn’t play games. If you’re drunk and have access to a car key and a vehicle, they’ll bust you.