Sleeping / being in car drunk - illegal ?

Page 1 / 3
extrayda, Nov 2, 6:15pm
If you are parked on the road in you car (with the keys, but the car is not running), can you be done for DUI / DIC ? Sleeping or otherwise.
gunhand, Nov 2, 6:22pm
Yes (as above) something to do with the ability to be able to drive said vehicle. i:e , keys in ignition so there is potential to drive.
extrayda, Nov 2, 6:23pm
I couldn't find anything on the interweb about it though.
Maybe I am just crap at searching !
trogedon, Nov 2, 6:27pm
Put the keys out of sight. and temporarily out of mind.
intrade, Nov 2, 6:32pm
Well or maybe they dont want you to find it because its all made up and non constitunual.
lookoutas, Nov 2, 6:37pm
What if it's cold, and you wanta run the heater or listen to music?
gunhand, Nov 2, 6:41pm
Could be an urban myth but im pretty sure there is something like that you can be done for. I would almost bet on it lol.
mcfc11, Nov 2, 6:44pm
So, what if your in a motor home? You still have the ability to drive. Does it apply?
sr2, Nov 2, 6:51pm
Reaches for the tinfoil hat.
gunhand, Nov 2, 6:52pm
Interesting question, but I think its the "behind the wheel" bit that would do it.
curlcrown, Nov 2, 6:57pm
I actually know someone who was done DIC for having the car running with the heater on whilst waiting for a lift on a cold winter's night, so she said anyway.
extrayda, Nov 2, 7:00pm
I wasn't sure if it was an urban myth or not.
Still not sure !
I thought it was true though, but if it is there should be something written about it somewhere.
extrayda, Nov 2, 7:01pm
I had heard something pretty similar to that too.
mals69, Nov 2, 7:12pm
My cousin got done for DIC parked up in the New Brighton
beach carpark, she was with her mate. Recall her saying keys
were on the roof, or could of been the ignition.

With having the keys in the igintion showing intent
to drive, pretty sure you can be done for DIC then.
marte, Nov 2, 7:25pm
What if you sit in the passenger seat instead?
socram, Nov 2, 7:44pm
I was thinking the same. Maybe the back seat? Not sure how you'd get on with a 2 seater sports car though.

I reckon much would depend on your attitude and demeanor, as it would be a miserable cop who ticketed you when you had done the right thing and not driven at all. If you were in the middle of nowhere, then presumably you must have driven drunk to get there?

I think that if I'd got a ticket for it, and I hadn't driven when drunk, I'd plead not guilty and take it to court.

The law is supposed to be based on common sense, so as posted above, what happens if you are in a camper van?
kdcentralni, Nov 2, 7:53pm
Me and a mate were crashed out pissed in a Honda crx with the engine running heater on, a neighbour called the cops on us who woke us up. He took the keys and told us to retrieve from Milford police station or somewhere, no charge though.
gunhand, Nov 2, 7:53pm
The trouble is, if they leave you there in your car with keys in ignition and later you drive off and have a crash or whatever there would be an outcry. However they can (I think) remove your keys for you to retrieve after so many hours (not sure how many) so you can sleep all ya want.
Look at from your own point of view, would you knowingly leave a drunk (your brother mother sister or kid) in a car with keys in it. Its not like drunks are reasonable sorts a lot of the time.
Would be interesting to see the actual rules around this.
marte, Nov 2, 7:58pm
I have met 3 people who have been convicted of DIC because they were over the limit, in the drivers seat, with the keys in the ignition.
But not actually driving.
2 were just about to shift their car off the road into their driveway so they could leave it there for the night.
andrew1954, Nov 2, 8:19pm
I think it also has something to do that the car is “on the road / operating a motor vehicle”. it is the same that if you car is parked on the road outside say your house, it has to have a rego and wof. the fact that it is perhaps inoperative makes no difference.
So being drunk, sitting behind the wheel of a car “on the road” is counted as operating a car, and the offence is “ operating a car on the road with a blood alcohol level in excess of . “so the trick is to be off the road and on private property”
gusthe1, Nov 2, 8:27pm
The offence referred to is not DIC (presumably that means drunk in charge). No such worded offence exists.
The offence for driving while under the affect of alcohol is ""to drive or attempt to drive while the proportion of alcohol . ""
whether or not a person in a parked car has broken the above law depends on individual circumstances such as how they got there.
Shifting a car off the road while drunk would certainly be an offence
thejazzpianoma, Nov 2, 8:45pm
Whether it's legal or not for them to charge you they will no doubt try it. They are so under pressure and desperate for "points" (or whatever the code word is now) that they are snooping around the houses of people they are supposed to be rescuing from a suicide attempt. Then charging them with any petty offences they can. Which of course makes a lot of sense, adding needless stress to a highly vulnerable person. No brains, no sensible priorities.
marte, Nov 2, 8:53pm
And also, you have to have your safety belt on while in a car.
I think you can still be charged with Drink driving on private land too.

I have slept in my car in a public area/carpark/viewing area.
And been talked to by the Police, first thing they look for, with their torch, is to see if they keys are in the ignition.
Then its the usual.
Since I don't drink alcohol anyway, and my safety belts on always.
Nothing much happens except that in most cases the Police don't bother visiting the area again that night as they know somebody's going to be there so they have somebody to report anything if its needed.
marte, Nov 2, 9:01pm
I doubt there's a 'points' system. With the amount of cars driving around without tail/brake/headlights.
They would be the first cars to be pulled up and then it simply would not happen again.
Hell mostly its $4 item, maybe $20.

What i do think happens is, there Police who go for certain things, in America they are called 'Tools'.
They simply go out and ticket as many people as they can, for whatever they can. Their theory is that while they ticket people, some other Police Officer can be doing something else important, on the $$$ they generate in writing out tickets.

Random pull overs? = its a quiet night and there's nothing in their logbook. Be nice to them.
gusthe1, Nov 2, 9:22pm
Land Transport Rule is quite specific. Vehicle must be in motion.
Shining torch on keys is a quick indication you are probably in your car. A screwdriver in the ignition or no ignition at all suggests otherwise. Keys in ignition also reminds officer to remove them so the car remains there.