Quote:
Originally Posted by brrrz
It does not matter if you have the keys, if someone else has your keys, if you are sleeping in the drivers seat, passenger seat, backseat, trunk, or truck canopy. Including if your keys are in South Africa and you are in British Columbia. You can even get a road side prohibition if a police officer sees you walking to your car intoxicated, unlocking it, and reaching in to grab cash for a cab and not sitting in or starting the vehicle (most cases they won't but they have authority to).
Police do not have enough time on their hands to search for your keys if you say to them "I cant drive I dont even have my keys" What if they are hiding in the bush, car, etc. How often do you go hard then wake up still drunk. Most cases it take 8 hours sometimes longer for you to go from intoxicated to sober. Sleeping does not speed up the process.
Think of this situation: Police officer goes up to a car with a person sleeping in it. Person says they are not driving and just going to sleep it off. Person actually does sleep but wakes up at 6am. They are still intoxicated drive home and hit someone and kill them. Blood test comes back the person was still intoxicated. Imagine being the police officer who said it was ok for them to sleep in their car. Could you tell the parent "i thought they would have been ok when they woke up" How about the family who lost someone and everyone affected.
Obviously this is worst case scenario. But there has to be a no tolerance because with so much grey area there would be no where to draw the line.
Don't think about your car. Don't look at your car. Don't bring your car if you decide to drink. Or you end up with $4,000-$6,000 in fines impound and tow fees. Possible interlock. And 16 hours of mandatory responsible driver group counseling.
....trust me, its not worth it.
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These are some bad examples.
If you're found in the driver seat with the keys in reachable distance (even the trunk), you'll might be fined and but your car will be towed for sure.
If you're found in the driver seat and the keys are no where to be found, this is a grey area like you said. The cop will most likely tell you to get out and cab/bus home and give you a warning. A friend of mine was offered a ride home by a police officer from surrey once.
Another friend of mine was found sleeping in his car while we're drinking at a buddy's party. Neighbors called the cops for our loudness and he was found with his keys in possession. The cop was nice enough to come to the house and tell us he can't be sleeping in the car with his keys. This was a long time ago though when drinking and driving laws weren't as strict.
Bottom line is, if you're found sleeping in your car, with or without the keys, the consequence won't as bad as being pulled over while drunk.