I’m pretty sure in California, simply having the keys and being in the vehicle is enough to make you the driver. Which I’ve been curious about, if the passenger is holding the keys in their purse or pocket, am I really the driver?
The problem arises from people who are sloppy drunk and get in their car trying to get the key in the ignition...they may or may not get it started and may or may not put it into gear and get it on the road so legislators write laws that read, “...operated or attempted to operate while under the influence...”
“I’m pretty sure in California, simply having the keys and being in the vehicle is enough to make you the driver. Which I’ve been curious about, if the passenger is holding the keys in their purse or pocket, am I really the driver?”
(not from personal experience, thankfully, but from reading about it)
The term is ‘operational control’, and as you can imagine, it’s a VERY LOOSE definition, and for the rare times the government loses cases, they simply loosen the laws further.
So if you’re drunk, and there’s no one sober near you who will claim to be the designated driver, you’re toast. Even if the car is parked in your driveway, even if it is on blocks with the wheels off (true, happened once)...you may win in court in some of the sillier cases, but obviously it won’t be a fun, or cheap, experience.
I think it depends on the state. Years ago when we were teenagers, the story went, if sleeping it off in the car, your best bet was to throw the keys into the weeds somewhere you couldn’t find them.
What I’ve often wondered about as a thought exercise is motorhomes, class A type, or more run of the mill campers and the like. Near as I can figure, if someone is in a campground and drinking around a campfire, they could get a DUI with even car keys in your pocket. Why not? Technically I can’t think of any reason. Especially if drinking and/or drunk in the back. More than one person has received a DUI in their own driveway too, sleeping it off.
It was explained to me, (I used to drive
my dad home from the bar), that if the
keys were anywhere in the cab, within
the drivers reach, they are guilty of
DUI. My dad would loop the keys around
the antenna, where I would find them.
This was in California, in the late 60’s.
They’re probably a lot more strict these
days.
“I’m pretty sure in California, simply having the keys and being in the vehicle is enough to make you the driver.”
Back in my wilder years I got a snoot full one night and decided I couldn’t finish the trip home.
I pulled into the parking lot of a restaurant and parked in the far corner, threw the keys in the glove compartment, stretched out and went to sleep.
I woke up to a banging on the window.
A state trooper made me get out of the car and gave me a sobriety test. I failed. I was arrested and charged with DUI because I HAD CONTROL OF WHERE THE KEYS WERE. If I had control of where the keys were I could easily get them, start the car and drive.
This was in Virginia in 1982.
Luckily my lawyer was the judges brother. Case dismissed.