Originally Posted by
MedicalTruth
Here's another scenario - (hypothetical, but very close to an actual case)
A pilot has too much to drink at a Birthday party in a local restaurant, drove there, but had a designated driver.
The whole restaurant takes notice of a commotion in the parking lot. A cop is being abusive to a suspect. The pilot makes a comment, "take it easy" to the cop. The cop approaches the Pilot and subsequently arrests the pilot for DUI since the pilot had his keys in his pocket and the car in close proximity in the parking lot.
The BAC comes back .20 because the pilot just had two shots prior to the test.
The pilot goes to jail, posts bail, has to spend upwards of 5,000 for a DUI lawyer, the charge is plead out to Public Intoxication.
If it really went down like that, a lawyer would have a field day with the case and police officers. Now, if a pilot went to a restaurant, had a drink or two, planned on driving home with some friends as passengers, but then when the cop found the keys the pilot changed his plan and told him that he wasn't going to drive, it's going to look fishy and he's going to have a tough time fighting it. Especially if said group of friends were already gathered around the car. If you made arrangements such as "well, before we went I asked so and so to be my DD and he said yes", and then the cop goes and confirms the story and when that was asked, you will start to establish the intent was not to drive drunk. Add that to not even being in or near the car and it's probably going to be a slam-dunk. Just like the "sleeping in the car" story. That can go both ways, passed out in the front seat with the engine running is pretty much going to land you in some kind of trouble. Sleeping in the back and "I put my keys in the glove box" or something similar is going to show intent in the other direction, especially if there were other factors like it was cold, phone didn't work, etc., and again, the lawyers will have a field day with the court system. None of these is a guaranteed "get out of jail free card", but the facts are usually not quite what you are making them out to be.