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    Can you get arrested for sleeping in your car while intoxicated?

    I was talking to a friend the other day, and he told me that if I sleep in my car, even in the backseat, I can still get arrested for DUI? Driving under the influence?

    Usually I don't have to resort to it, but I keep a sleeping bag in my car, then I fold down the backseat (I have a coupe) so I can sleep there if I have to. Can I really get a DUI if I'm tucked in my sleeping bag, in the backseat even?

    Saw this in another thread, but it was in a different region.

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    No, you shouldn't get a DUI. I can see a weak 647(f) (drunk in public). Even then, it should be a booking with no charges filed (849b) at the most.

    Just remember, you can be arrested for just about anything. It's whether the DA files it that makes the big difference. I don't know any DA that would touch sleeping in the back seat as a DUI.
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    Molon Labe
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    Under the conditions you described, probably not......unless you broke out that sleeping bag while the car was parked in the #1 lane of the 405 at Wilshire ect......
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    I think it would depend on where the keys were, if in the ignition, even though turned off, means something different than in your pocket while sleeping.

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    Even 647(f) would be CS, because if the person had the good sense to sleep it off rather than drive, especially sleeping it off in the back seat, he is not too intoxicated to care for his own safety.
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    San Diego has a municipal code section that says, "Intoxicated in or around a vehicle". It's a misdemeanor, so comes in handy with drunk college students being snippy on a traffic stop.

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    Quote Originally Posted by I Go To Costco View Post
    I was talking to a friend the other day, and he told me that if I sleep in my car, even in the backseat, I can still get arrested for DUI? Driving under the influence?

    Usually I don't have to resort to it, but I keep a sleeping bag in my car, then I fold down the backseat (I have a coupe) so I can sleep there if I have to. Can I really get a DUI if I'm tucked in my sleeping bag, in the backseat even?

    Saw this in another thread, but it was in a different region.

    Simply sleeping in your car while intoxicated, I would say you cannot get a DUI. If the officer has PC to believe you drove the car in that condition, then yes, i.e parked on the shoulder of the freeway. A DUI in California is one of the few misdemeanors where a cop can arrest you without it being committed in their presence.

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    ateamer,

    You KNOW you would hook for that...

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    Quote Originally Posted by District B 13 View Post
    ateamer,

    You KNOW you would hook for that...
    You know I never did...not for sleeping it off in a legit parking space when there's no proof that he drove drunk. Now sleeping it off behind the wheel in the middle of Freedom and Airport...
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    Quote Originally Posted by a Cop Fan View Post
    I think it would depend on where the keys were, if in the ignition, even though turned off, means something different than in your pocket while sleeping.
    I was told this could be filed as an attempt to DUI. This was talking in the academy, never heard if it stuck or not.

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    Thanks everyone, wouldn't have thought of all the possible scenarios but I figured simply having a sleeping bag (really, who plans ahead that much? :P) and being in the backseat would be enough to cover me. Just seemed ridiculous when my friend said it...

    just curious though, what is "CS"? I can't come up with an abbreviation that makes sense, though I know PC is probable cause.

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    Ignore Garbage Man
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    In many cities you can be arrested for sleeping in your car sober. But that has to be on a public roadway.
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    Quote Originally Posted by beachcop05 View Post
    San Diego has a municipal code section that says, "Intoxicated in or around a vehicle". It's a misdemeanor, so comes in handy with drunk college students being snippy on a traffic stop.
    Nice.

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    Check CVC 40300.5, doesn't look like it.

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    In my short experience unless you were sitting in the drivers seat, it should not stick. If you were in the drivers seat it would look like you drove to that destination and passed out. And an argument can still be made that you are in control of the vehicle even if the ignition is off and keys in your pocket. In the back seat I dont think a DA around here would touch that one. You very well might get taken in to sober up in jail though. That is of course up to the officer on scene.
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    Quote Originally Posted by I Go To Costco View Post
    Thanks everyone, wouldn't have thought of all the possible scenarios but I figured simply having a sleeping bag (really, who plans ahead that much? :P) and being in the backseat would be enough to cover me. Just seemed ridiculous when my friend said it...

    just curious though, what is "CS"? I can't come up with an abbreviation that makes sense, though I know PC is probable cause.
    Chicken s***t.....

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    yes you can get booked for it, I know traffic cops who have booked guys for being in the passenger seat of the vehicle and sleeping, as long as you have the keys in your possession you can be booked for DUI, the best bet if your car has a trunk latch in the front of the car I would lock your keys in the trunk and then sleep in the car, that way you do not have means to operate the vehicle.

  18. #18
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    Quote Originally Posted by I Go To Costco View Post
    just curious though, what is "CS"? I can't come up with an abbreviation that makes sense, though I know PC is probable cause.
    It's the multi-colored smelly stuff that comes from a chicken's back side. You know, the stuff people hate seagulls and pigeons for.
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    Quote Originally Posted by Bully View Post
    It's the multi-colored smelly stuff that comes from a chicken's back side. You know, the stuff people hate seagulls and pigeons for.
    Haha , now thats funny!
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