Quote:
Originally Posted by MrPeabody
I am not familiar with the DUI laws in Georgia. In California, if you are sitting in the car and have the keys in your possession, and you are drunk, even in your own driveway, you can be found guilty of DUI. The law has wording to do with being in control of the vehicle. It does not have to be moving. Sitting in it with the keys is considered "control". So here, I think he could have been and probably would have been arrested, considering he was in a drive-thru lane at Wendy's
What the cop has to consider is if he just lets the guy walk home to his sister's house, and he gets in his sister's car an hour later and kills someone in an accident, that cop is ****ed.
I don't know how often that gets enforced that way, but if you are going to sleep it of in the parking lot at the bar, leave your keys with the bartender.
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I think Texas has something similar, which, IMHO, is a mistake. Let's say dude is driving drunk, then says, "Shit, I really shouldn't be driving, so he pulls over into a highway rest stop or parking lot to sleep it off. Yes, dude no doubt drove drunk just to get to that rest stop or parking lot, but if we make it a crime to sleep it off in that rest stop or parking lot, then what kind of incentive does anyone have to actually do the right thing and stop? Better to keep going and take a chance of making it safely to your house, vs. being exposed potentially all night to DWI charges for sitting or sleeping in your car off the roadway