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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 03-16-2015, 06:21 PM   #1
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Charged with DUI While Sleeping In Vehicle

I've searched online and found mixed results, but if someone was found by the rcmp inside their vehicle, sleeping in the driver seat, with the vehicle shut off and parked in front of a business' parking lot, and was forced to do and fail the breathalizer on the spot, how disputable is this scenario?

anyone hear of or experience this before?

FYI there is a 30 day car impound and 90 day driving suspension that goes along with this if the breathalizer test was failed.
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Old 03-16-2015, 06:25 PM   #2
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Here's a good article explaining the reasons. Basically you are fucked now.

Drunk in the Backseat of a Car? You Could Get a D.U.I.$|$Theo Sarantis
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Old 03-16-2015, 06:36 PM   #3
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Old 03-16-2015, 06:39 PM   #4
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Here's a good article explaining the reasons. Basically you are fucked now.

Drunk in the Backseat of a Car? You Could Get a D.U.I.$|$Theo Sarantis
But then there is this article as well
» Supreme Court of Canada waters down drunk driving law on 25th anniversary of project red ribbon Duhaime Law

main points being:
Quote:
The main issue before the Supreme Court of Canada in this case was whether there needs to be “a risk of danger to persons or property” to convict a person under §253(1) of the Criminal Code when the person has care or control of a vehicle and is drunk. In other words, can a person be convicted if they are drunk and have care or control of a vehicle but there is no risk of danger to anyone else or property?

The Supreme Court of Canada held that to convict a person under §253(1), there must be a risk of danger to persons or property in addition to the presence of a drunk person having care or control of a vehicle, and that the risk must be a realistic (and not a theoretical) one.

What that meant for Mr. Boudreault was that his conviction was overturned and he was free to go because although he committed the offence under §253(1) of the Criminal Code, the fact that he was asleep meant that there was no risk to any person, including himself, or to property, by his control of the vehicle.
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Old 03-16-2015, 06:40 PM   #5
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Throw the keys in the bush next to you and you'll "maybe" be ok. But pretty much, don't even look at your car if you're drunk or you'll get a DUI.

Fuckin bullshit.
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Old 03-16-2015, 06:59 PM   #6
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If keys are on your person and you are even "near" your car they will charge you.

Had a buddy drunk as fuck downtown, sitting with some chick on a curb beside his vehicle. Cops walked by, started asking what was going on, asked if the truck he was 10 feet away from was his, then breathalyzed. He got 30 day impound, 90 day license suspension and now awaiting a decision on the 1 year Interlock.

Supreme Court was to look at the laws again back in January but I didn't hear anything about the result.
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Old 03-16-2015, 07:08 PM   #7
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^^^^Wow. I honestly thought that if the keys were outside the vehicle you were ok.

That's pretty stupid you can't even sit near your vehicle... At which point do they draw the line? What if i'm in a house an my car is in the driveway, car might only be 10-20' from me hahaha.
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Old 03-16-2015, 07:29 PM   #8
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If you have the money, should've refused breathalyzer and ask for lawyer
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Old 03-16-2015, 08:46 PM   #9
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If you have the money, should've refused breathalyzer and ask for lawyer
I thought if you refused brethalyzer officers can make you do other tests no?
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Old 03-16-2015, 08:56 PM   #10
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If you have the money, should've refused breathalyzer and ask for lawyer
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I thought if you refused brethalyzer officers can make you do other tests no?
Refusing to provide a breath sample results in the same penalty as blowing over http://www.pssg.gov.bc.ca/osmv/share...-penalties.pdf
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Old 03-16-2015, 09:05 PM   #11
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If keys are on your person and you are even "near" your car they will charge you.

Had a buddy drunk as fuck downtown, sitting with some chick on a curb beside his vehicle. Cops walked by, started asking what was going on, asked if the truck he was 10 feet away from was his, then breathalyzed. He got 30 day impound, 90 day license suspension and now awaiting a decision on the 1 year Interlock.

Supreme Court was to look at the laws again back in January but I didn't hear anything about the result.
backward laws.
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Old 03-16-2015, 10:20 PM   #12
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That's actually pretty stupid. So we should charge everyone who carries a gun with Murder, because something COULD cause them to wanna shoot someone? complete bs.
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Old 03-16-2015, 11:21 PM   #13
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oh thank god my law teacher told me about this years back. I aint no lawyer and this is simply high school law course from like years abck so don't rely on me obviously. From what I remember, if you have the keys on you, that means there is an intention for driving under influence soon or later on.

Edmonton Alberta Legal Information on Impaired Driving and Licence Suspension

So whether you are sitting on passenger seat, driver's seat, or near by, if there's a reasonable suspicion that you may be able to control the vehicle, in motion or not, you can be charged for DUI as you still had the intention to operate the vehicle (or suspected intention). But, if the key is not in your possession, there's no way you can operate the vehicle therefore sleeping inside the car is okay as long as key cannot be found anywhere near you (passenger seat or your friend's pocket apparently doesn't count, because you can still start car and operate radio drunk from passenger side, law says in motion OR not therefore using radio also counts as DUI). From what I learned years ago, If you are inside the car but the key is stored on top of the wheel or inside the exhaust or something, they cannot prove your intention to operate the vehicle because it is not physically on you, and while you are inside an space, key is stored outside. Weird system, I never got it, but I avoid getting into car when I'm drunk period.

A friend of mine got charged for DUI few years back although he wasn't even in the car. Funny thing is, he didn't have keys on him so he could have disputed it. Unless that's the case, I dont think disputing this will work that well. Hope you can find a good lawyer.
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Old 03-17-2015, 12:33 AM   #14
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http://www.revscene.net/forums/70011...ml#post8568965

According to spidey, there hasn't been any arrests if you are sleeping in the back seat.
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Old 03-17-2015, 01:50 AM   #15
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Such a money grabber. you don't want to pay for a cab so you sleep in the car so you won't be drinking and driving. But they can still charge you because you are in the car! It's like they want you to drive so you can get caught for it. What a world we live in.
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Old 03-17-2015, 01:10 PM   #16
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I learned the Boudreault case in one of my classes. From what I recall, you must show that you did not perform any acts of care or control (this can be something like starting your engine). However, I think Boudreault started his car to turn on the heater, so he argued that it was out of necessity. Here is another case that is similar to BoudreaultR. v. Toews
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Old 03-17-2015, 03:35 PM   #17
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Just hearsay, but... My foreman told me that when he was younger he registered his truck as a motor home (needs cooking, etc). He got drunk and slept in the back. One time the police pulled up and knocked, he yelled out stating it was a registered motor home and they left him alone.

Good idea if you plan to get drunk lots. Not sure if this is true or still applicable.
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Old 03-17-2015, 03:47 PM   #18
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Im a bit biased, as, I have had a DUI in my past and lost my license etc....but that was 10 years ago. In just 10 years its gotten SO much more heavy as far as fines etc for offenders.
Dont drink and drive, and, get to know the laws like these, cause it aint gonna get easier on you if drinking and driving are linked in any way to you.
I had to take the Responsible driver program as a part of my journey to get my DL back. taught you to disassociate driving and drinking, it helps me to this day....I think you still have to take that course now when you get a DUI...just hope that that isnt the way YOU learn


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Old 03-17-2015, 05:51 PM   #19
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Quote:
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I thought if you refused brethalyzer officers can make you do other tests no?
Quote:
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Refusing to provide a breath sample results in the same penalty as blowing over http://www.pssg.gov.bc.ca/osmv/share...-penalties.pdf
Two cases of drinking and driving that I know personally. Details are omitted on purpose as I don't want to be misinterpreted as advocating DUI.

First person drank and drove and got caught. Refused to blow breathalyzer and asked for blood test and lawyer. Hands on wheel within in less than 2 month.

Second person got into an accident (serious accident as car was totalled) while drinking and driving. Fled the scene and contacted lawyer. Hands on wheel within a month.

You can't just read one line of law/regulation and expect it to be implemented in black and white. There are a lot of technicalities that lawyers can use as different angles.
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Old 03-17-2015, 07:30 PM   #20
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Just remember that it is the legal system..not the justice system
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Old 03-17-2015, 10:45 PM   #21
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this is epic stupid. that's like saying "oh, u have a knife with you and the fact you COULD possibly use it and MAYBE in control of it, you can be charged with murder"
wtf...
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Old 03-18-2015, 12:08 AM   #22
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Just remember that it is the legal system..not the justice system
Hmm... legal.gc.ca doesn't exist. justice.gc.ca does, however.
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Old 03-18-2015, 12:25 AM   #23
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Such a money grabber. you don't want to pay for a cab so you sleep in the car so you won't be drinking and driving. But they can still charge you because you are in the car! It's like they want you to drive so you can get caught for it. What a world we live in.
Exactly this. I get that the police are just doing their job, but this is exactly why at the ripe age of 21 I very rarely (1-2x a year) go to clubs or bars and actually drink.

It's one big fucking money grab.

Can't drive to the club and drive home drunk (rightfully so).

TransLink stops their trains at around 1:30AM on weekends (why? it's not like there are drivers who need to rest).

Can't drive to the club and sleep in your car until the next day (so much wtf).

Which basically leaves you the option of waiting for 30-45 minutes outside for a shitty cab, driven by a usually unsafe driver, and paying through the nose. Gotta love it. Even when you are trying to do the right thing you get screwed over for it.
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Old 03-18-2015, 06:45 AM   #24
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Hmm... legal.gc.ca doesn't exist. justice.gc.ca does, however.
Maybe if I put " " marks around the words "legal" and "justice"...you would get it?
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Old 03-18-2015, 10:42 AM   #25
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That's actually pretty stupid. So we should charge everyone who carries a gun with Murder, because something COULD cause them to wanna shoot someone? complete bs.
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Originally Posted by MeowMeow View Post
From what I remember, if you have the keys on you, that means there is an intention for driving under influence soon or later on.
Quote:
Originally Posted by 6793026 View Post
this is epic stupid. that's like saying "oh, u have a knife with you and the fact you COULD possibly use it and MAYBE in control of it, you can be charged with murder"
wtf...
^^All of these.

I'll go one step further; I have a dick, so in theory it's possible for me to commit rape. So the police should just book me as a sex offender now, since apparently there is this imminent doom that I will rape someone.
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