Man Arrested for DWI in New Mexico - He was sleeping in his car!

It's possible the police were bored that night but they could have been trying to get all the drunks off the street, don't you think? That's the way I see it, anyway. Kathy.

This is quite standard. If you have the keys in your possession, then you are technically in control of the vehicle. The law is not wrong, it is people's perception of it that is at fault. In Britain it is called "Drunk in charge" but it is basically the same law. The man did the 'right thing' in that he did not drive but he did not understand that having the means to drive a vehicle whilst under the influence is the offence. 'A few drinks' can be very misleading. He might have woken sometime in the morning and have decided that he was sober enough to drive when, in fact, he could well have been still over the limit. The police were correct in charging him as they daid.

This is really stupid. How can they get him for DWI when the car was not moving. Driving means driving. Someone had too much time on their hands, they must not have alot of crime that people need protected from.

With budgets as tight as they are a DWI is a nice hefty fine and more money for the city or state. Many states have started strictly enforcing traffic laws for more income. NYC even laid off police officers and hired more meter maids to collect more in parking fines. It is not about right or wrong it is about getting more money.

Hello lelin. I agree with you that it is ridiculous to arrest this man since he was not driving after drinking, but sleeping in his own car. It is unfair of the cop to this man. I wish his lawyer would help appeal this case and win it.

I absolutely agree with you. I was married to a man who grew up in a family of cops, and you don't want to be around a bored one. They will look for anything. I see the point that because his keys were with him nothing was stopping him from operating the vehicle, however, he absolutley did the right thing. If the cops had to wake him up, he obviously wasn't going anywhere, and should have been given credit for trying to do the right thing. I'm sure it is standard as one mylotter said, however, if the cops needed to be out looking for someone who was actually endangering people, and not just out looking for someoene to bring in.

It is wrong what they did Here in the UK it is against the law to be in your Car when you have had a few so it would have happened here to Whether you where driving or not makes no Difference if you are found in the Drivers Seat they will do you for Drinking and Driving which I think is wrong, specially when they can see you are asleep and are not going to drive

This is tricky. If the police didn't take him away to jail, they were taking a chance that he wouldn't decide to get up and drive off still drunk. Just because he SAYS he wasn't going to drive doesn't MEAN that he wasn't going to. Do you see what I'm saying? If they didn't arrest him, he could have decided to leave and went and killed himself driving or someone else driving which in turn, the cops would have been at fault for letting him go because the guy promised he wasn't going to drive. It doesn't work that way. I feel they made the right choice. Soooo, I do think maybe they could have given him a lighter ticket for sleeping in the car intoxicated, or trespassing, but not a DWI, as he didn't drive. Maybe he's had other tickets for the same thing? Are you going to yell at me?, lol!

Sounds bogus to me! I would hope that he would of maybe told the American Legion barkeep that's what his intentions were. Ya never know if they called to say this car is just sitting here for hours come check it out or whatever. I dunno, I just don't think he should be charged, the vehicle wasn't moving he knew better. I hope he can get them to drop the charges and the cops can go back to chill'n in the doughnut shops when they met todays ticket quota.

HOW RIDICULOUS!! That sounds like something the cops around here would do.. I'm like u sounds like they were having a slow night & wanted to show off. The mad should have been given a medal since he had enough sense to know he didn't need to be driving. I hope he wins his appeal & get them for false arrest.

I think this is a strange laws that doesn't allow someone to sleep in their car. Maybe they are having a problem with the homeless making it unsafe for the rest of the people by sleeping in their cars.

I agree with you! The gentleman did the right thing, and just by being responsible, the cops should have had a bit of compassion and common sense. Instead of arresting him because he still held the keys to the car, they should've allowed him to make a phone call for someone to pick him up, and leave the car there until the next day. In this case, the cops were jerks, as most of them are.

I agree with you that it was silly for them to arrest him for Driving While Impaired when he wasn't even driving. Although I'm certainly opposed to drunk driving, it seems that this man did the right thing by going to sleep instead of driving, and he should not have been convicted of DWI. I hope his lawyer appeals the case.

...Hi lelin1123. If the law has been written that if the keys are in the car, not in the ignition, but in the car, and he was asleep, then I would guess they have him breaking the law. If not I would not only appeal, I would take a lie detector test, telling my story, and then I would sue. The man did the right thing, they say don't drive while drinking, then they arrest him if he is not driving. Where is the logic in this? The law needs to be reviewed, and changed to make sense. Take care.

I think this is very unfair as the man was acting with responsibility. However, there are laws in many countries that state that if a person is in possession of his vehicle and his keys, he is in charge of it, whether or not he drives it. The police could claim that the intent was there to drive it, or he had already been driving it under the influence - it seems that they don't have to prove it. It is not a good idea to sleep in the car if you have had too much to drink but find somewhere else to sleep. - Derek

lelin1123, I think this is where the law differing from State to State and this case in New Mexico is an eye opener where their observance is on a much higher (warped) degree. The site DUI attorney dot com gave me a clearer and scarier picure: [i]However, New Mexico's DWI laws clearly state a person may be charged if he or she is "in control of" the vehicle, not necessarily driving it. This is defined as a person who is in the driver's seat and has access to the keys. Some drivers, however, have even been arrested under this provision for sleeping in the passenger seat or back seat. The safest thing to do is give your keys to someone else, such as the bar or restaurant owner, until the next morning if you cannot drive home.[/i] I understand how you feel but I think some States just have different interpretations and protocols. Like other States, might require the DWI driver to be on the driver's seat with the ignition on or tested with an intoxicated level on the breath analyzer, in order for the party to be arrested and charged. Yet, I understand in some other States, the driver will be placed in a cell to ensure that he does not drive and release him once he is sober enough to drive again. These law can become quite a pain when the interpretation goes a lot further and abandons civil minded logic. This is an unfortunate case, I do hope that this man will be able to win his appeal and till then, you will not find me sleeping in my car whilst in stupor with my keys around. Kudos, for a good post here. It is a real eye opener for me and enforce my belief that there are different interpretations on the law from different States. That, I will need to make sure to check them, prior my arrival and visit. All the best and compliments of the season. Ref: http://www.duiattorney.com/news/6230-non-driver-charged-with-new-mexico-dwi

though i feel the guy is poor,i agree with the cops ,now the traffic accidents are more and more serious,coz if in his car there are others,they will be danger. so in order to avoid these,cops should arrest him