I am only sure about England. If you are in a vehicle and you have access to the keys, they can be in your pocket or anywhere else you can get at them, you are in charge of that vehicle. You would be found guilty of DUI.
You are still considered operating if the keys are in and you are in the drivers seat. Might still be the case even without the keys in and in the drivers seat. Bad idea!
You will still be charged. If the keys are anywhere near you and you are drunk you will be charged. That’s why: one, put your keys in the gas cap or next to a tree or some place you will remember where they are.
DUI law is governed by the states, therefore the law will vary a little from state to state. In general, under your proposed facts, this would be sufficient to receive a DUI. To be guilty of a DUI under these circumstances, the issue usually turns on whether a vehicle is capable of movement or operation (they usually use better language then this, but I have paraphrased since it has been a while since I looked at anything related to DUI law), and courts have generally found that when the keys are in the ignition this is sufficient for movement. I am pretty sure you can go one step further and find that a person sitting in the front seat with the keys in his hand is a sufficient showing to receive a DUI.
To distinguish your hypothetical, it is unlikely that a person would be subject to a DUI if they were drunk but sitting in the backseat with the keys in their hand.
It’s called Physical Control. You have the means to start and drive the car. This not only apply to the keys being in the ignition, but also being where you can access them readily.
I am only sure about England. If you are in a vehicle and you have access to the keys, they can be in your pocket or anywhere else you can get at them, you are in charge of that vehicle. You would be found guilty of DUI.
You are still considered operating if the keys are in and you are in the drivers seat. Might still be the case even without the keys in and in the drivers seat. Bad idea!
You will still be charged. If the keys are anywhere near you and you are drunk you will be charged. That’s why: one, put your keys in the gas cap or next to a tree or some place you will remember where they are.
DUI law is governed by the states, therefore the law will vary a little from state to state. In general, under your proposed facts, this would be sufficient to receive a DUI. To be guilty of a DUI under these circumstances, the issue usually turns on whether a vehicle is capable of movement or operation (they usually use better language then this, but I have paraphrased since it has been a while since I looked at anything related to DUI law), and courts have generally found that when the keys are in the ignition this is sufficient for movement. I am pretty sure you can go one step further and find that a person sitting in the front seat with the keys in his hand is a sufficient showing to receive a DUI.
To distinguish your hypothetical, it is unlikely that a person would be subject to a DUI if they were drunk but sitting in the backseat with the keys in their hand.
Key in the ignition shows intent…..you’re busted.
Guilty, if your in the drivers seat
If you think there’s a cop on the planet who will note the difference, I have some property to sell you.
It’s called Physical Control. You have the means to start and drive the car. This not only apply to the keys being in the ignition, but also being where you can access them readily.