junglesmacks wrote: Zeke Chaparral wrote:
Thecatman wrote:... have the keys anywhere in the vehicle...
...Is the person sleeping more of a danger to himself or others if the keys are in the vehicle? I guess you could put your keys in the engine compartment.
I'm under the impression that as long as the keys are not IN the ignition, you're fine.
In many jurisdictions, it comes down to two parts: being UI and having "care and control". If you have, or can get, possession of the keys, then you are viewed as having C&C as you have the means of starting and driving. UI + C&C = DUI.
Justification is, as you're UI, you can't rely upon not deciding to drive.
"care and control" jurisdictions, if the keys are anywhere in the car (or within reach: in pocket, on hood, etc.), you have care & control. In others, if you put the keys in the trunk, they'll accept that as not having access to keys, hence not having C&C (assuming you're not in the trunk too). In some, you can throw the ignition key into the woods/field beside the road to demonstrate lack of C&C (so you can say in court that while UI there is no way you could have found it). Know what it is where you will be. Your results may vary.
Around my area, in trunk sometimes works. I thought it would be more clearly defined by prior decisions, but it appears to depend on what the judge thinks of the circumstances.
How did you drive to that point? Remember your right to silence? If you discuss why you thought you should pull over (amount you drank, or citing symptoms), then what you say could be presented as proof you had to have been DUI before you pulled over).
In various places, it can get interesting with:
- DUI vs. RV stopped/camped or car stopped/camped,
- RV, Trailer or Tent as Temporary Residence/Domicile for possession of, or transport of, alcohol at/to such a temporary residence,
- RV vs. Car camping for transport of unopened vs. opened alcohol, where/how stored, accessible and by who.
No idea about Nevada laws on these.