Originally Posted by
drrhythm2
In your example of a cop waking up someone sleeping behind the wheel to give them a DUI, I don't think that's even possible (assuming the COP isn't breaking the law). Sitting in a parked car isn't "operating" a motor vehicle. The crime is "driving" while intoxicated, not sitting in a stationary object.
drrhythm -
If you are making a distiction between a state's actual interpetation of DUI as a singular form of the wider body of Drunk Driving Offenses, then you might be right. If you are, as most people do, lump DUI, DWI, and in OK - APC (Actual Physical Control) together under the same umbrella, then your interpetation is incorrect and you would be charged with APC in the state of OK in the above stated scenario which carries like penalties and would most likely be viewed by a prospective employer in the same manner.
As an example:
Oklahoma statute
§ 47-11-902 v1 . There are a few different drunk driving violations available in OK including DUI, DWI and a unique charge to the state referred to as APC (or Actual Physical Control).
Oklahoma APC: This is generally reserved for those persons not actually driving a motor vehicle but still in actual physical control of the vehicle; for instance the vehicle could be parked and someone is under the influence of alcohol and/or drugs and is in the vehicle with the keys in a position of control (driver seat, sole possession of the keys, etc...).
I know of many other states that you will be charged with some type of offense if found passed out in your car with the keys anywhere NEAR your possession. The thought process is much more along the lines of the person wasn't exhibiting the good sense not to drive while drunk rather than passed out prior to getting the chance. There isn't much slack given in favor of the driver in these cases and therefore your thought process should be one of leaving NO DOUBT; which is why I don't have single drink if I am driving nowdays. The possible one-in-million shot just isn't worth it for a beer with my chicken wings
Now as far as riding a bicycle or walking home from the bar after having too many, and still getting hit up with some type of drunk in public charge, which inhibits your chances of getting hired on in this challenging environment is just a reflection of the winds blowing a certain way. If you want to fight against the winds then you take your chances knowing full well the possible consequences of your actions.
USMCFLYR