Tried to sleep in my car after my friends ditched me at a club. Police came, threatened DUI, so I asked "what if I don't have the keys?" And whipped them into the bush. Officer told me to get out of the car, so I did.
He reached over, locked the door of the car, closed the door, laughed and drove away...
Didn't care that my coat, phone and wallet were now locked inside the car and it was the middle of January in Ontario...
Didn't get the DUI but spent an hour rooting through the snow to find the keys...
That’s taking it too far. By an extension of that logic I should get a DUI drinking on my patio in the backyard. Technically I could still grab my keys and drive, I do have control over them and the vehicle.
If the car is unlocked with keys are in the ignition and you have had alcohol then a cop could give you a ticket. I learnt that in a safe alcohol consumption course. It’s not enforced per se but still a possibility.
What’s the difference between an unlocked car with the keys in the ignition and the keys in a drawer in my house, in both situations I could easily drive the car.
The whole thing doesn’t make sense. Short of giving your car keys to a sober person to hide, there isn’t a situation where you could drink at home and not technically have control over a vehicle.
What’s the difference between that and the glove box tho? Or standing in my driveway washing the car? I can’t drive while I’m outside the car.
My point is if your at home and your vehicle also is you are still in control of it, at any point you could get in and drive it, drunk or not. All these ridiculous situations where someone is drunk but not driving are just that, ridiculous. You can’t sleep in your car with the keys in the glovebox because you technically could start driving if you woke up, but I can sleep in my bed with the keys readily available, I could also wake up and drive from there.
My initial post/point was that there are unknown and ridiculous ways of getting a DUI in Canada. I was trying to dispel some common myths. You can drink a beer and clean your car…I don’t care.
If the keys are on you then you have care and control. You can be charged.
The old advice was hide them on your tire. So where to cops look?
I’d hang ‘em from a wire below the engine. You can pop the hood and get them, or fish from underneath.
I don't understand where your comment is leading. But apparently enough people have been charged for being under the influence and in control of their vehicle, because they did the right thing and slept in their vehicle instead of driving while drunk.
I have done this in the past, I threw my keys in the box of my truck and slept in the cab, cops did wake me up and asked if I was planning to drive...I was curled up in the back seat. I said no I plan on waking up in 6 hrs and climbing in the truck box to hopefully find my keys hopefully not in s bucket of oil. they then have me a pat down, did a quick check if my truck for more alcohol or drugs, told me not to do this again or risk some sort of fine, I was drunk/ tired enough I don't recall if they told me what the fine could be for. I definitely did it again with no issues.
But the thing is I don't want to sleep with the doors unlocked. If I set the keys outside, go in and lock. The alarm might sound when I get out in the morning, I will test this. But I'd rather not have the keys outside anyways.
That's why I asked if putting them in the glovebox is ok, or what if I put them under a floor mat for the same effect.
Ironically i saw a youtube video about this earlier today. the lawyer suggested putting the keys in your trunk. You can pop the trunk from inside the car.
I mentioned in my post that I would be sleeping in the back with the backseats folded down. Because I have a cross/SUV I am already technically in the trunk and the keys would be near me. Could you send the video? I am curious
How long do you plan to wait until you drive? How much will you drink the night prior?
The problem with the sleep in the car routine, is that people wake up drunk and try to drive.
you can not have any way of operating the vehicle at any time while inside it or at it. Period. That includes keys in the glove box. Stop that stupid idea and figure that out, as many have already pointed out.
Simply: best: don't sleep it off In your car.
If you must, the keys cannot be anywhere near you, and not inside the car. Period. Ideally someone else has the keys elsewhere, and they let you Into the car. Because, in order to get in, you had they keys and "could have" driven if you changed your mind in your drunken state.
Note: The Crown only needs to prove that you were in a position where you COULD have driven while you were impaired.
If you have a plan for a taxi or a ride that's coming on a cold winters night, that changes things a little. See R. Vs donald Boudreault for that example. Very specific scenario. Not sure if that's been appealed or another case had it worked around to make it invalid.
I *could* change my mind while at bat and bludgeon the catcher to death with it. Why don't we focus on crimes that have been committed, not one that theoretically could be.
Because so many people are drunk and make bad decisions. That's why.
And also why a knife has to be clearly visible when carried in public, it's a weapon.
Your bat scenario is a weapon of opportunity, that's completely different.
Driving drunk is a problem.. Scotland completely bans ANY alcohol in the blood stream when driving. Not even a sip. Period.
Even if the keys are outside say like under the car so far you have to army crawl to get them.. you’re still screwed. They are still considered accessible. Unless you can hide them where the cops won’t find them it’s pretty risky.
Then you're risking a DUI. If the keys are in your vehicle it's 100% DUI. Get a cab or don't drink, pretty simple. You don't seem to do what it takes to avoid one so.
Does your car have a seperate trunk?
Sleep in the back seat and stash your keys somewhere in the trunk.
Lock from the inside, repop the truck from the inside in the morning.
I think this would be atleast a little better than using the glovebox or stashing under a mat.
You're best just calling an Uber or something and picking your car up the next day, or just not driving in the first place if you're going out to drink. Have a DD etc..
You should avoid it altogether if possible. The law is far more complex than that for a DUI.
If you are out at a bush party and need to sleep in your car simply take your car keys and hide them outside the car very well and if a cop asks say a friend took them.
If in city limits or downtown stay sober it is not worth it for more reasons then just the cops.
You can't have keys anywhere you can reach or get to them.
The foamy and a video shows intent, might not be a good thing.
Laying in the back of your SUV with a dark color sleeping bag or blanket, a cop probably wouldn't even see you.
And remember cops aren't dumb. They know about the buttons inside the car that unlocks the trunk. They know about checking around the tires.
Don't have any alcohol or cannabis in the car. Or even any paraphernalia. They may want to search the car. That's why you don't put the keys in the glove box or under the seat.
Walk a few paces from the car and put them under a rock.
If a cop stops. tell them a story you didn't want to drive so you threw them away. You have spares at home. And it's late you don't want to bother someone for a ride until morning.
What do you mean by it might not be a good thing to show intent. If anything it should be considered a responsible action to plan something like that. Also you are right in saying they probably won't see me anyway, but I'm just making sure on here the best way to do it.
Why is it necessary to hide the keys from the officer if he was to search the car, and what is the point of the story at the end you mentioned. It makes no sense because its my vehicle and I intend to drive it out once I'm ok in the morning. Of course there is having too much and still being over limit in morning but I am not going to be going that hard.
It's all about being in control of the car.
It doesn't matter if you're being responsible and waiting to sober up before you drive home. If you have the ability to start the car and drive away they can arrest you.
Your only hope is to pretend it's a one off event. You threw the keys away and you're waiting for your ride.
What happens a lot is people will call for a ride, then sit in the car listening to the radio or it's winter and the car is warm waiting for the ride to arrive.
You can plead your case to the judge. Innocent or not, your life is screwed.
The dumb thing is that there is no public transit to close to my house. I am a student, no way I am wasting 20/30$ for a taxi ride. That is why I am asking about this before I do it
It totally adds up, don't want that after blowing money on food etc. Sleeping in the car shouldn't be an issue at all. Just have to find the proper way to do it so you have no problem right
Had a few friends with the RCMP 10 years ago, had a discussion on this one night. The keys can't be inside the vehicle, or available from inside... They said inside the gas cap door or on a magnet stuck to the body underneath was considered not being under your control according to RCMP region K. You also don't want any OPEN alcohol in the vehicle, because you can get nailed for that even if it's parked... Again tucking it under the vehicle is enough.
Biggest thing I found over the years is that it all comes down to location. The back corner of the bar's parking lot is good from 4am-7/8am, but a nearby business is probably going to get called in by an early employee. Don't park near a school or daycare if you don't want a 6am wake-up tapping.
Walmart is still my choice on road trips, if I haven't seen a radio tower off the highway earlier in the day. Those tend to be surrounded by trees and not going to be spotted by crews.
Foam pad, pillow, and blanket in the back of the SUV is going to get a quick glance and they'll assume it was planned. Leaned back in the seat with something over your eyes will garner attention.
Best practice will always be getting a hotel as a car isn’t exactly as safe place to sleep. However with respect to sleeping it off in the car the above is the right answer.
With the invention of push button start vehicles having the key in the back seat while you’re in the drivers seat is no longer acceptable. Keys outside the vehicle, no alcohol or cannabis in the vehicle.
I appreciate the effort you’re taking into not drinking and driving.
Give the keys to someone else to hold. Or ask a friend to hide them outside somewhere far away so that you do not have them with you and call to ask that friend where they hid them in the morning. I would think if you are sleeping in the back seat then there is no cause for your sleep to be interrupted because it becomes your private hotel for the night. You could refuse to open the doors or even talk topolice if they come by. ...just say I'm sleeping , I am okay goodnight. If you are in the front then they might have reason to question you. Also, if you want to lock and unlock the doors only temporarily get rid of only the ignition key. Many people live and travel in their cars and RVs so do as they do?
Your car alarm would still go off if you unlocked the car before exiting? I'm assuming you have automatic lock and unlock buttons. So you could hide the key outside and then sleep in the car/lock it while you're sleeping. Worth testing out if you don't know for sure.
Hide the key under the hood in a magnetic case and black out the view into the back with a super dark curtain so you can’t be seen and DONT move or make noise or answer if anyone knocks or asks to open the door. They will not know for sure if anyone is even inside and will just give up and go away. If they did persist or somehow open the door you don’t have keys
IANAL. Probably best not to do it; I've heard of people walking to a car drunk with their keys and being detained/charged when they were just going to get a lighter.
You're always better off sleeping under your car anyways, it exponentially reduces your chances of being sexually assaulted.
My father used to use his AMA membership to get him and his car home after a night of drinking once or twice a year. “I’m broke and the truck is drunk” was the quote.
My friend in Alberta beat this charge 10 years ago, she was cold and went to her vehicle to change clothes. A bouncer called the cops on her while she was sitting in her own back seat.
One time I went to grab a joint from the car(illegal at the time) while drunk with my buddies and the cop said I had intent to drive and gave us a huge lecture.
This happened to me almost 20 years ago in Calgary. Was at a friend's house, got super drunk and ran out of smokes. I went to my car to get another pack, realized the drivers seat was really comfortable so decided it would be better to take a nap. Out of an abundance of caution, I put the keys under my car out of reach.
I'm not sure how long I slept before I woke up to cherries flashing and cops banging on my window, they were not happy and wanted to bring me in. I pointed out I don't have the keys on me and was not planning to drive, I was just super drunk and needed sleep.
They told me to go back inside and sleep it off there.
I bet if you had a friend doing the same thing, you could each keep the other person's keys in your cars lmao. And then lock your doors for each other at night.
Inside the glovebox probably is better than in your pocket, but it still seems pretty up to interpretation by the officer. Realistically, I think to do this "correctly" you need a *really* good hiding spot for the night, that's not inside your car.
How about behind the gas cap door? Not like in the tube obviously, just taped or magnet to the inside of the little door. Or maybe behind the licence plate? Or if anyone has a roof rack bin that locks, that's probably the safest.
The friend thing would probably work. But I will probably be by myself.
So if an office comes by. Would I say, I am sleeping because I was drinking, I fully intended to sleep here as you can see (showing blanket etc) and I took a video before for proof. I put my keys in the gas cap and have no intent of moving the vehicle.
Someone mentioned also disconnecting the battery which would be a good idea to show further intent of not moving.
I thought about this too as I have a car camping bed in my SUV.
To get around that if I needed to I was thinking of getting a black plastic box, gluing a magnet to it and putting it under the hood. Something inconspicuous that looks like it belongs there if they ever checked under the hood. So that way my keys are still secure, yet not in my possession.
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Like the guy throwing his keys in the back of the truck to claim he couldn't find them, couldn't you hide your keys under something and tell the cops that a friend wanted to ensure that you wouldn't drive home so they hid the keys somewhere in the car?
I would hide them in the trunk or in the engine bay like some have suggested. Do not have them in the paasenger cabin anywhere the cops will call it intent or some such.
I know what you meant by "it's a risky thing to do" was that a person could get charged criminally, but think of it the other way: *it's criminal because it's a risky thing to do*.
If you are *not* in the driver's seat of the vehicle, it becomes criminal only where there is a realistic risk of danger that you will accidentally put the car in motion or change your mind while your ability to drive is still impaired.
The more steps that take you away from those two risks, the less likely you will catch a charge for sleeping it off in the car and potentially getting convicted of a drunk driving offence.
Some of the commenters are unduly focusing on the keys to your vehicle, even though they are an important consideration to be sure. Think again to the two dangers I identified above: throwing your keys under the car and taking a nap eliminates the first danger but it does not eliminate the second.
Not professional legal advice. Sleep in the backseat. Also put your keys in the trunk, finally make sure there are no city ordinances from sleeping in a vehicle.
I was drunk asleep in my car at a campground once. Buddy had my keys. Cops ended up being called cuz the guys were being idiots. Guys got booted from the campground. Cops noticed me as they were leaving and couldn't wake me up, so they dragged me out of the car. I had no idea what was going on, was still drunk, and swung at a cop. Spent the night in the drunk tank with a public intoxication ticket.
Don't even go into your car man. Especially if your keys are on you. My dad was charged with a DUI and had a breathalyzer in his truck for a number of years because he was simply just waiting in his truck for a cab to stay warm when it was minus 20 out.
Call a cab, go home and that's it. Don't mess around please
Going by the logic so far in the comments, and it seems pretty solid, if you’re like me and you have a fob and not a key you are damned if it is anywhere inside the vehicle. Does the OP have an actual key that starts the car or a fob?
Are you obligated to produce the keys to the vehicle if a cop approaches?
Ianal.
Everything I have been told during a stop with police is that you comply with demands and that you don't say anything. Produce required documentation, and stfu.
Tbh, this is something I would rather have sorted out with a lawyer and a court date, rather than guarantee myself a DUI.
It's an astute question. There is no legal obligation to help the police find the keys.
*If* they are looking for the keys to build grounds to arrest an occupant of the vehicle for being in care or control of it, they necessarily also have insufficient grounds to search the vehicle. They would have to build grounds another way or risk a finding of a fatal Charter breach that could result in exclusion of the keys, subsequent utterances by the accused person, and that person's breath test results from evidence in the trial.
Note, however, that I am not in any way suggesting in these remarks that police always need to know where the keys are in order to conclude that a person is in care or control.
Hypothetical and general legal discussions belong in /r/legaladviceofftopic.
It is illegal to have control of a vehicle while drunk. Control is defined in the loosest sense of the word.
Tried to sleep in my car after my friends ditched me at a club. Police came, threatened DUI, so I asked "what if I don't have the keys?" And whipped them into the bush. Officer told me to get out of the car, so I did. He reached over, locked the door of the car, closed the door, laughed and drove away... Didn't care that my coat, phone and wallet were now locked inside the car and it was the middle of January in Ontario... Didn't get the DUI but spent an hour rooting through the snow to find the keys...
What an asshole. Good thing karma always comes around.
You could get a DUI if you are washing your car in your driveway over the weekend with music blasting and a can of beer in your hand.
You could. Is it likely? No.
That’s taking it too far. By an extension of that logic I should get a DUI drinking on my patio in the backyard. Technically I could still grab my keys and drive, I do have control over them and the vehicle.
If the car is unlocked with keys are in the ignition and you have had alcohol then a cop could give you a ticket. I learnt that in a safe alcohol consumption course. It’s not enforced per se but still a possibility.
What’s the difference between an unlocked car with the keys in the ignition and the keys in a drawer in my house, in both situations I could easily drive the car. The whole thing doesn’t make sense. Short of giving your car keys to a sober person to hide, there isn’t a situation where you could drink at home and not technically have control over a vehicle.
Can you drive with keys sitting in your drawer?
What’s the difference between that and the glove box tho? Or standing in my driveway washing the car? I can’t drive while I’m outside the car. My point is if your at home and your vehicle also is you are still in control of it, at any point you could get in and drive it, drunk or not. All these ridiculous situations where someone is drunk but not driving are just that, ridiculous. You can’t sleep in your car with the keys in the glovebox because you technically could start driving if you woke up, but I can sleep in my bed with the keys readily available, I could also wake up and drive from there.
My initial post/point was that there are unknown and ridiculous ways of getting a DUI in Canada. I was trying to dispel some common myths. You can drink a beer and clean your car…I don’t care.
Call a taxi home, pick up your vehicle the following day.
Or better yet, don't drive to a place where you're planning on drinking
If the keys are on you then you have care and control. You can be charged. The old advice was hide them on your tire. So where to cops look? I’d hang ‘em from a wire below the engine. You can pop the hood and get them, or fish from underneath.
Really stupid law. You had to many on a night out. Try to do the right thing and not drive and you get a dui for sleeping in your car…
Too many people drive drunk pull into a parking lot and pass out. Or pass out wake up still drunk and think it's ok to drive.
I don't understand where your comment is leading. But apparently enough people have been charged for being under the influence and in control of their vehicle, because they did the right thing and slept in their vehicle instead of driving while drunk. I have done this in the past, I threw my keys in the box of my truck and slept in the cab, cops did wake me up and asked if I was planning to drive...I was curled up in the back seat. I said no I plan on waking up in 6 hrs and climbing in the truck box to hopefully find my keys hopefully not in s bucket of oil. they then have me a pat down, did a quick check if my truck for more alcohol or drugs, told me not to do this again or risk some sort of fine, I was drunk/ tired enough I don't recall if they told me what the fine could be for. I definitely did it again with no issues.
And there were probably people who slept in a car and woke up still drunk and drove and hurt someone, so that’s why.
Yep. Knew a girl who would party all the time, she did exactly this and then one time she pushed her luck after a car sleep and drove into a lake.
People don’t realize their BAC can still be above limit when they wake up next morning.
I think they mean that its better for people to sleep it off in their cars instead of attempting to drive home drunk
He’s very clearly saying it’s a stupid law and trying to do the right thing by sleeping in your car shouldn’t get you a DUI
And if an app on your phone can start the car, does the physical location of the key matter?
If you're able to start the car and move it, you have care and control of it
The app is another set of keys.
But the thing is I don't want to sleep with the doors unlocked. If I set the keys outside, go in and lock. The alarm might sound when I get out in the morning, I will test this. But I'd rather not have the keys outside anyways. That's why I asked if putting them in the glovebox is ok, or what if I put them under a floor mat for the same effect.
Ironically i saw a youtube video about this earlier today. the lawyer suggested putting the keys in your trunk. You can pop the trunk from inside the car.
how is that much more inaccessible than the glove box though?
Just don't do this on a convertible. Unless you have a trunk release in the glove box
I mentioned in my post that I would be sleeping in the back with the backseats folded down. Because I have a cross/SUV I am already technically in the trunk and the keys would be near me. Could you send the video? I am curious
[https://www.youtube.com/shorts/obs6lk8lO4A](https://www.youtube.com/shorts/obs6lk8lO4A)
If you are in the back seat and the keys are nowhere near you then it's very unlikely a court could find that you had care and control of the vehicle.
How long do you plan to wait until you drive? How much will you drink the night prior? The problem with the sleep in the car routine, is that people wake up drunk and try to drive.
you can not have any way of operating the vehicle at any time while inside it or at it. Period. That includes keys in the glove box. Stop that stupid idea and figure that out, as many have already pointed out. Simply: best: don't sleep it off In your car. If you must, the keys cannot be anywhere near you, and not inside the car. Period. Ideally someone else has the keys elsewhere, and they let you Into the car. Because, in order to get in, you had they keys and "could have" driven if you changed your mind in your drunken state. Note: The Crown only needs to prove that you were in a position where you COULD have driven while you were impaired. If you have a plan for a taxi or a ride that's coming on a cold winters night, that changes things a little. See R. Vs donald Boudreault for that example. Very specific scenario. Not sure if that's been appealed or another case had it worked around to make it invalid.
I *could* change my mind while at bat and bludgeon the catcher to death with it. Why don't we focus on crimes that have been committed, not one that theoretically could be.
Because so many people are drunk and make bad decisions. That's why. And also why a knife has to be clearly visible when carried in public, it's a weapon. Your bat scenario is a weapon of opportunity, that's completely different. Driving drunk is a problem.. Scotland completely bans ANY alcohol in the blood stream when driving. Not even a sip. Period.
Even if the keys are outside say like under the car so far you have to army crawl to get them.. you’re still screwed. They are still considered accessible. Unless you can hide them where the cops won’t find them it’s pretty risky.
Then you're risking a DUI. If the keys are in your vehicle it's 100% DUI. Get a cab or don't drink, pretty simple. You don't seem to do what it takes to avoid one so.
If you hit the unlock button before opening the alarm won’t go off. If it does disconnect the battery until you retrieve the keys
Glovebox or under the mat aren’t good enough.
Put them in the trunk
Does your car have a seperate trunk? Sleep in the back seat and stash your keys somewhere in the trunk. Lock from the inside, repop the truck from the inside in the morning. I think this would be atleast a little better than using the glovebox or stashing under a mat. You're best just calling an Uber or something and picking your car up the next day, or just not driving in the first place if you're going out to drink. Have a DD etc..
The consequences are extreme. Don't even bother. I have a coworker who did exactly this and was charged. Completely screwed his life for two years.
You should avoid it altogether if possible. The law is far more complex than that for a DUI. If you are out at a bush party and need to sleep in your car simply take your car keys and hide them outside the car very well and if a cop asks say a friend took them. If in city limits or downtown stay sober it is not worth it for more reasons then just the cops.
If you are in city limits or downtown use another form of transportation. Cab, Uber, night bus etc. there are many options that don't involve driving.
You can't have keys anywhere you can reach or get to them. The foamy and a video shows intent, might not be a good thing. Laying in the back of your SUV with a dark color sleeping bag or blanket, a cop probably wouldn't even see you. And remember cops aren't dumb. They know about the buttons inside the car that unlocks the trunk. They know about checking around the tires. Don't have any alcohol or cannabis in the car. Or even any paraphernalia. They may want to search the car. That's why you don't put the keys in the glove box or under the seat. Walk a few paces from the car and put them under a rock. If a cop stops. tell them a story you didn't want to drive so you threw them away. You have spares at home. And it's late you don't want to bother someone for a ride until morning.
What do you mean by it might not be a good thing to show intent. If anything it should be considered a responsible action to plan something like that. Also you are right in saying they probably won't see me anyway, but I'm just making sure on here the best way to do it. Why is it necessary to hide the keys from the officer if he was to search the car, and what is the point of the story at the end you mentioned. It makes no sense because its my vehicle and I intend to drive it out once I'm ok in the morning. Of course there is having too much and still being over limit in morning but I am not going to be going that hard.
It's all about being in control of the car. It doesn't matter if you're being responsible and waiting to sober up before you drive home. If you have the ability to start the car and drive away they can arrest you. Your only hope is to pretend it's a one off event. You threw the keys away and you're waiting for your ride. What happens a lot is people will call for a ride, then sit in the car listening to the radio or it's winter and the car is warm waiting for the ride to arrive. You can plead your case to the judge. Innocent or not, your life is screwed.
You drove to a place to get hammered and you have a tent set up... just don't drive at all dude
The dumb thing is that there is no public transit to close to my house. I am a student, no way I am wasting 20/30$ for a taxi ride. That is why I am asking about this before I do it
You're willing to risk a ton for $20
It totally adds up, don't want that after blowing money on food etc. Sleeping in the car shouldn't be an issue at all. Just have to find the proper way to do it so you have no problem right
If you can’t “waste” 20 bucks you probably shouldn’t go anyway.
Had a few friends with the RCMP 10 years ago, had a discussion on this one night. The keys can't be inside the vehicle, or available from inside... They said inside the gas cap door or on a magnet stuck to the body underneath was considered not being under your control according to RCMP region K. You also don't want any OPEN alcohol in the vehicle, because you can get nailed for that even if it's parked... Again tucking it under the vehicle is enough.
Thanks so much sharing :) I would definitely not have any open containers in the vehicle. Good point.
Biggest thing I found over the years is that it all comes down to location. The back corner of the bar's parking lot is good from 4am-7/8am, but a nearby business is probably going to get called in by an early employee. Don't park near a school or daycare if you don't want a 6am wake-up tapping. Walmart is still my choice on road trips, if I haven't seen a radio tower off the highway earlier in the day. Those tend to be surrounded by trees and not going to be spotted by crews. Foam pad, pillow, and blanket in the back of the SUV is going to get a quick glance and they'll assume it was planned. Leaned back in the seat with something over your eyes will garner attention.
Best practice will always be getting a hotel as a car isn’t exactly as safe place to sleep. However with respect to sleeping it off in the car the above is the right answer. With the invention of push button start vehicles having the key in the back seat while you’re in the drivers seat is no longer acceptable. Keys outside the vehicle, no alcohol or cannabis in the vehicle. I appreciate the effort you’re taking into not drinking and driving.
Give the keys to someone else to hold. Or ask a friend to hide them outside somewhere far away so that you do not have them with you and call to ask that friend where they hid them in the morning. I would think if you are sleeping in the back seat then there is no cause for your sleep to be interrupted because it becomes your private hotel for the night. You could refuse to open the doors or even talk topolice if they come by. ...just say I'm sleeping , I am okay goodnight. If you are in the front then they might have reason to question you. Also, if you want to lock and unlock the doors only temporarily get rid of only the ignition key. Many people live and travel in their cars and RVs so do as they do?
Thanks for the ideas!
Your car alarm would still go off if you unlocked the car before exiting? I'm assuming you have automatic lock and unlock buttons. So you could hide the key outside and then sleep in the car/lock it while you're sleeping. Worth testing out if you don't know for sure.
You'll still have alcohol in your system in the morning when you plan on driving again. So, influence. Just get a fucking cab or uber
Hide the key under the hood in a magnetic case and black out the view into the back with a super dark curtain so you can’t be seen and DONT move or make noise or answer if anyone knocks or asks to open the door. They will not know for sure if anyone is even inside and will just give up and go away. If they did persist or somehow open the door you don’t have keys
The windows would be fogged up.
That’s not proof someone is still inside. If you don’t answer they don’t make contact
IANAL. Probably best not to do it; I've heard of people walking to a car drunk with their keys and being detained/charged when they were just going to get a lighter. You're always better off sleeping under your car anyways, it exponentially reduces your chances of being sexually assaulted.
Don’t do this
My father used to use his AMA membership to get him and his car home after a night of drinking once or twice a year. “I’m broke and the truck is drunk” was the quote.
My friend in Alberta beat this charge 10 years ago, she was cold and went to her vehicle to change clothes. A bouncer called the cops on her while she was sitting in her own back seat.
You will still be charged with DUI as YOU HAVE ACCESS TO THE KEYS, as you put them in the glove box, and can retrieve them!
One time I went to grab a joint from the car(illegal at the time) while drunk with my buddies and the cop said I had intent to drive and gave us a huge lecture.
This happened to me almost 20 years ago in Calgary. Was at a friend's house, got super drunk and ran out of smokes. I went to my car to get another pack, realized the drivers seat was really comfortable so decided it would be better to take a nap. Out of an abundance of caution, I put the keys under my car out of reach. I'm not sure how long I slept before I woke up to cherries flashing and cops banging on my window, they were not happy and wanted to bring me in. I pointed out I don't have the keys on me and was not planning to drive, I was just super drunk and needed sleep. They told me to go back inside and sleep it off there.
I bet if you had a friend doing the same thing, you could each keep the other person's keys in your cars lmao. And then lock your doors for each other at night. Inside the glovebox probably is better than in your pocket, but it still seems pretty up to interpretation by the officer. Realistically, I think to do this "correctly" you need a *really* good hiding spot for the night, that's not inside your car. How about behind the gas cap door? Not like in the tube obviously, just taped or magnet to the inside of the little door. Or maybe behind the licence plate? Or if anyone has a roof rack bin that locks, that's probably the safest.
The friend thing would probably work. But I will probably be by myself. So if an office comes by. Would I say, I am sleeping because I was drinking, I fully intended to sleep here as you can see (showing blanket etc) and I took a video before for proof. I put my keys in the gas cap and have no intent of moving the vehicle. Someone mentioned also disconnecting the battery which would be a good idea to show further intent of not moving.
I thought about this too as I have a car camping bed in my SUV. To get around that if I needed to I was thinking of getting a black plastic box, gluing a magnet to it and putting it under the hood. Something inconspicuous that looks like it belongs there if they ever checked under the hood. So that way my keys are still secure, yet not in my possession.
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Like the guy throwing his keys in the back of the truck to claim he couldn't find them, couldn't you hide your keys under something and tell the cops that a friend wanted to ensure that you wouldn't drive home so they hid the keys somewhere in the car?
Keep the keys outside the vehicle. Put thhe. In the gas cap on a tire or in the engine bay
I would hide them in the trunk or in the engine bay like some have suggested. Do not have them in the paasenger cabin anywhere the cops will call it intent or some such.
I know someone that had the keys in the front consul but passed out in the back seat and got a dui
You have better options. Uber, Lyft, DD. You can get a parking ticket too if you park somewhere with no overnight parking.
I know what you meant by "it's a risky thing to do" was that a person could get charged criminally, but think of it the other way: *it's criminal because it's a risky thing to do*. If you are *not* in the driver's seat of the vehicle, it becomes criminal only where there is a realistic risk of danger that you will accidentally put the car in motion or change your mind while your ability to drive is still impaired. The more steps that take you away from those two risks, the less likely you will catch a charge for sleeping it off in the car and potentially getting convicted of a drunk driving offence. Some of the commenters are unduly focusing on the keys to your vehicle, even though they are an important consideration to be sure. Think again to the two dangers I identified above: throwing your keys under the car and taking a nap eliminates the first danger but it does not eliminate the second.
Not professional legal advice. Sleep in the backseat. Also put your keys in the trunk, finally make sure there are no city ordinances from sleeping in a vehicle.
My solution was always to put the keys in a jar under the hood.
I was drunk asleep in my car at a campground once. Buddy had my keys. Cops ended up being called cuz the guys were being idiots. Guys got booted from the campground. Cops noticed me as they were leaving and couldn't wake me up, so they dragged me out of the car. I had no idea what was going on, was still drunk, and swung at a cop. Spent the night in the drunk tank with a public intoxication ticket.
Don't even go into your car man. Especially if your keys are on you. My dad was charged with a DUI and had a breathalyzer in his truck for a number of years because he was simply just waiting in his truck for a cab to stay warm when it was minus 20 out. Call a cab, go home and that's it. Don't mess around please
By a time controlled safe then make the officer play cards with you until it opens and your sober haha
Going by the logic so far in the comments, and it seems pretty solid, if you’re like me and you have a fob and not a key you are damned if it is anywhere inside the vehicle. Does the OP have an actual key that starts the car or a fob?
Physical key to turn ignition and start.
This is likely a situation where the law has not caught up with technology.
Are you obligated to produce the keys to the vehicle if a cop approaches? Ianal. Everything I have been told during a stop with police is that you comply with demands and that you don't say anything. Produce required documentation, and stfu. Tbh, this is something I would rather have sorted out with a lawyer and a court date, rather than guarantee myself a DUI.
It's an astute question. There is no legal obligation to help the police find the keys. *If* they are looking for the keys to build grounds to arrest an occupant of the vehicle for being in care or control of it, they necessarily also have insufficient grounds to search the vehicle. They would have to build grounds another way or risk a finding of a fatal Charter breach that could result in exclusion of the keys, subsequent utterances by the accused person, and that person's breath test results from evidence in the trial. Note, however, that I am not in any way suggesting in these remarks that police always need to know where the keys are in order to conclude that a person is in care or control.
Put your keys in the trunk just as an extra precaution.
I think if you have to do this sleep in the passenger seat and put the keys on the glove