"Under the influence"

[MisterHappy]

Yup, I agree, complete and utter horseshit. In my 28 years Ive never arrested someone for sleeping one off in the car, keys in the ignition or not.
Unfortunately, there are plenty of guys who will toss you in the cooler for it.

What is their rationale? There's a difference between sleeping it off, with your front bumper against a tree, and the airbag as a pillow, and being in the parking lot of Wallyworld, engine off. I mean, as a practical matter.

Do they do it for the "stat", or because, you know....booze?

 

[GPP]

What is their rationale? There's a difference between sleeping it off, with your front bumper against a tree, and the airbag as a pillow, and being in the parking lot of Wallyworld, engine off. I mean, as a practical matter.

Do they do it for the "stat", or because, you know....booze?

What rationale does any bully have? "Because I can".
The concept of discretionary policing is unfortunately going the way of the dodo. To fix whats broken would involve waaaaaaay too much effort on the powers that be, and would also be viewed as unfair to the EO types.

 

[MisterHappy]

Ah. I get it.

You're anti-cop.




Thanks for the straight answer.

 

[Rob Boudrie]

I think you have to throw you keys up on the roof of the bar to avoid an OUI for sleeping in your car. Not sure if upper deckering your keys counts.

 

[kalash]

I think you have to throw you keys up on the roof of the bar to avoid an OUI for sleeping in your car. Not sure if upper deckering your keys counts.

I wouldn't recommend banging the cop's wife though.

 

[GPP]

Ah. I get it.

You're anti-cop.




Thanks for the straight answer.

I am.

 

[Darksideblues42]

My question is what defines a stimulant substance?

Most coffee and tea contains caffeine, a stimulant.

Let's also toss out a hypothetical, you are lawfully carrying, taking a drive on a nice summer day, suddenly, a wasp flies into the car and you get stung, being allergic, you prepare to use your EpiPen, which is a stimulant. Do you need to take the time to secure your firearm so you are not carrying under the influence of a stimulant?

 

[DrBurnsides]

My question is what defines a stimulant substance?

Most coffee and tea contains caffeine, a stimulant.

Let's also toss out a hypothetical, you are lawfully carrying, taking a drive on a nice summer day, suddenly, a wasp flies into the car and you get stung, being allergic, you prepare to use your EpiPen, which is a stimulant. Do you need to take the time to secure your firearm so you are not carrying under the influence of a stimulant?

What about all the people on Adderol, or Ritalin? Those are DEF stimulants(adderol is amphetamine)

 

[bigblue]

There are warnings with the particular scripts that impair motor skillz and these are well known. You don't need to invent a hypothetical epi pen case.

 

[Darksideblues42]

There are warnings with the particular scripts that impair motor skillz and these are well known. You don't need to invent a hypothetical epi pen case.

I was more looking at the particular case of someone who does not take medication for maintenance of an illness or condition, rather a case where an urgent need to use an infrequent medication arises. Epinephrine is a stimulant. If you need to use an EpiPen why carrying, are you in violation of the black letter of the law?

 

[Drunder40]

I believe I have seen it where folks post laws from different states in other forums and it appears some states list in their gun laws where it only says intoxicated. They don't mention a threshold but some do.

So if that is the case, I am wondering if that indicates that it is ok to carry and have just one beer/drink in those states that just say "intoxicated"?

 

[MAJoe]

I believe I have seen it where folks post laws from different states in other forums and it appears some states list in their gun laws where it only says intoxicated. They don't mention a threshold but some do.

So if that is the case, I am wondering if that indicates that it is ok to carry and have just one beer/drink in those states that just say "intoxicated"?

I'm assuming it depends on the case law in that state. I would not want to be the test case in MA, that's for sure.

 

[kalash]

I believe I have seen it where folks post laws from different states in other forums and it appears some states list in their gun laws where it only says intoxicated. They don't mention a threshold but some do.

So if that is the case, I am wondering if that indicates that it is ok to carry and have just one beer/drink in those states that just say "intoxicated"?

No one knows for sure. People seem to fall into one of three campus:
-Better safe than sorry and skip drinking altogether
-0.08 as with driving sounds reasonable
-No specified limit means no limit - where's the keg??

 

[RumRunner]

As far as sleeping it off in the car, I had always heard that if you do that make sure you take the keys out of your pocket and put them on the floor. This way you are not in control of the vehicle without the keys in your possession. Not sure how accurate that would be today, but for years that was the thing to do.

 

[Chet0729]

As far as sleeping it off in the car, I had always heard that if you do that make sure you take the keys out of your pocket and put them on the floor. This way you are not in control of the vehicle without the keys in your possession. Not sure how accurate that would be today, but for years that was the thing to do.

Hows that work for the new keyless push button cars that only require a fob. As GPP said most guys would not bother you other than to make sure you weren't dead, at least most of the cops I know anyways. In most cases i still think you are better off calling a ride and going back to get your car later.

 

[Sawicki1991]

Hows that work for the new keyless push button cars that only require a fob. As GPP said most guys would not bother you other than to make sure you weren't dead, at least most of the cops I know anyways. In most cases i still think you are better off calling a ride and going back to get your car later.

Have a friend who recently just got an OUI in New Hampshire for sleeping it off in his car. Keys in the car door still. Didn't matter someone called it in and they took him to the hospital then arrested him.

 

[TLB]

Have a friend who recently just got an OUI in New Hampshire for sleeping it off in his car. Keys in the car door still. Didn't matter someone called it in and they took him to the hospital then arrested him.

Such BS. If you are not in driver''s seat, it should not be operating even with keys in the ignition to keep warm.

 

[MAJoe]

Such BS. If you are not in driver''s seat, it should not be operating even with keys in the ignition to keep warm.

Agreed. What's next, arresting everyone in the bar that has a set of keys in their pocket?

 

[bigblue]

Was he on the side of the road or in the parking lot of the bar?

Side of the roads means he drove there unless of course, aliens.

 

[MisterHappy]

Parking lot of the bar, means he drove to the bar. Could have been drunk. Arrest them all, let the courts sort it out.

IIRC, a while back I heard that MSP was waking up people sleeping in highway rest areas.

Everything is illegal.

 

[goodlife30]

If you need to pull over, take your keys and put them in the trunk (make sure you can open it another way). The sit in the passengers seat. When looking at OUI, the courts look at the potential for you to drive a car. Truck is a locked box where the police need you permission to search or a warrant. If you are intoxicated, you likely cannot make any competent decisions-which is a catch 22 for the police. Do they violate the law and pop your trunk or ask you-who really cannot give an answer. They can access your trunk if there is an emergency-fire, someone locked in there...but they need you permission in normal circumstances. Not a lawyer, just a tip I picked up from your local police academy. Its all about being able to start the car while under the influence. Best case-uber it home. Worst case, end up in the hospital for your wife to collect.

 

[kalash]

Does the "under the influence" law apply if I'm on private property and have the owner's permission? Strictly from a legal perspective, can I get hammered drunk while carrying at home?

 

[In God We Trust]

Does the "under the influence" law apply if I'm on private property and have the owner's permission? Strictly from a legal perspective, can I get hammered drunk while carrying at home?

I hope so. I do it often!

 

[Len-2A Training]

Does the "under the influence" law apply if I'm on private property and have the owner's permission? Strictly from a legal perspective, can I get hammered drunk while carrying at home?

Of course it does. Only your "public visibility" is different.

But if you are under the influence of any legal or illegal drug or alcohol and had to use your gun due to a home invasion, you can expect to face charges for the possession under the influence at the very least.

 

[Rob Boudrie]

But if you are under the influence of any legal or illegal drug or alcohol and had to use your gun due to a home invasion, you can expect to face charges for the possession under the influence at the very least.

Unless you have the presence of mind to apply a trigger lock; call the police; and answer the door with a stiff one (drink, that is) in you hand because you "had to calm yourself down" - and naturally had no etoh on board when handling the gun. It's a variant of the old trick - if you are in an OUI single car accident, call the police from the nearest bar and be sure to be drinking when they arrive.

 

[GPP]

Of course it does. Only your "public visibility" is different.

But if you are under the influence of any legal or illegal drug or alcohol and had to use your gun due to a home invasion, you can expect to face charges for the possession under the influence at the very least.

Cmon man, " expect to face charges" ? For a good shoot in a home invasion?

 

[Rob Boudrie]

Cmon man, " expect to face charges" ? For a good shoot in a home invasion?

If there was a good shoot, but the person was under the influence, I would expect charges. I would also expect charges (unsafe storage) if the homeowner left his gun on the kitchen table when answering the door to let the police in.

But then, that's just me. My cynicism is second only to that of LenS.

 

[Len-2A Training]

Cmon man, " expect to face charges" ? For a good shoot in a home invasion?

Read what I wrote again. I said charges due to the "under the influence" while using a gun issue. I'll stand by that statement.

If there was a good shoot, but the person was under the influence, I would expect charges. I would also expect charges (unsafe storage) if the homeowner left his gun on the kitchen table when answering the door to let the police in.

But then, that's just me. My cynicism is second only to that of LenS.

Yup, peas in a pod! Only 1 chief I ever worked with/for would I trust to give the benefit of the doubt to someone. But with today's social media, everyone with a camera, cameras everywhere, I expect less "officer discretion" than the good old days.

 

[GPP]

If there was a good shoot, but the person was under the influence, I would expect charges. I would also expect charges (unsafe storage) if the homeowner left his gun on the kitchen table when answering the door to let the police in.

But then, that's just me. My cynicism is second only to that of LenS.

Rob, its actually a wonder to me that either of you actually leave the house to be honest lol. Ive seen Len at MF&G recently, but I cant vouch for you so Ill take your word for it. Im beyond cynical as well, though Im forced to keep it in check due to my job. When I retire, all bets are off.

When I grew up, my father told me to never accept " because I said so " as an answer, unless it was him answering me.
If Im destined to eat a bag of shit, thats fine, Ill accept it, but I want to know why Im eating it. 90% of the reason I only made E6 in the military is due to this, and roughly 97.3% of the reason it took me almost 20 years to make detective is also because of this.

When your audience is asshats like me, and millenials as well, youd better have something better in your magazine than "because I said so", or "because Im cynical".

The truth is, neither you, Len, myself, or anyone else knows whats gonna happen if youre involved in a good shoot, in your home, while under the influence of alcohol or any other substance. Its a total crapshoot.

 

[Len-2A Training]

I don't recall seeing you at MF&G lately, I thought Maxspeed picked up your badge for you the other day.

As you say . . . "it's a total crapshoot". Based on the guys I've worked with and for, I'd be willing to bet that they stick it to anyone in that position, given that chance. I'm sure that there are guys and departments out there that might do different, but I don't think we can expect that.

All that said, if I'm having pizza and beer or wine with dinner (and since I never have more than 1 with dinner) and someone breaks in, I'll do what I have to and deal with the aftermath later. I just don't expect to be cut a break.