New Dumb Law in Indiana

[shibumiseeker]

I have charged passengers with PI before. I can only think of one instance off the top of my head. It was a hispanic male who registered 0.20 on my PBT (not a certified instrument but they usually are close), the driver was also very drunk, and the passenger was not able to tell me where he lived or get a ride. He mentioned he lived in a town that would take 30 minutes to get to but did not provide an address. What should have been done? Should I let him wander the streets until he either A)sobered up B) got run over by a car C) passed out in a ditch when it was around 40 degrees out, or D) arrest him to make sure he has any medical needs attended to?

I have let literally hundreds of drunk people call their friends to come get them from a stop where the driver is being arrested. We've already got 2 hours of paper work to complete after the OWI investigation is complete and the driver is transported to the jail. Unless there is no other way or someone wants to be a jerk, I don't need to add to that work that will already take me up until my shift is nearly over.

My GF is a former State Trooper and says pretty much exactly this.

 

[Stschil]

In 1995, right in Lafayette Indiana, I had a friend get a DWI sitting in a truck listening to the radio. He admittedly had too much to drink, so he figured he wouldn take a nap in the bar parking lot and make sure not to drive under the influence. The cop woke him up and arrested him for drunk driving, even though the vehicle had never left the parking stall. I thought that was pretty bad then. With the economy getting tight, LEO's have a lot more pressure to bring in money from fines.

It's called Operational Control. He was in the drivers seat, keys in the ignition and a solid DUI charge. I've busted people for it, but it was always a discrestionary call. If the guy was polite, coherent, and cooperative, I would either have them call a cab/friend for a ride, or if it wasnt too far away, I have driven them home. If he was a being a buttmunch he got cuffed and stuffed.

Lesson is, if you're smart enough not to drive and want to sleep it off, climb in the back seat and leave the keys in your pocket.

 

[04DarkShadowGT]

That is dumb that she is in trouble for being a passenger but it always seems these situations happen where there is something else going on.

IE having someone drive your car who does not have a license. Its called judgement folks. Call a friend, call your dad, call a cab, but don't let someone commit a crime with your stuff.

fines are one thing, speeding is a fine. dui can cause serious damage like loss of licence. loss of licence can = loss of job. it could even mean felonys in some cases (wich i think is another dumb law)

I have no issues with a DUI being a felony. If one of my employees got a DUI I would seriously considering firing them. Its called a lack of judgement. It is an extremely selfish and dangerous act. I am probably in the minority but never once have I driven buzzed, let alone drunk. I am not a drinker, never really have been, but decisions we make every day can effect our lives. Making a decision to drink and drive is no different.

 

[ryanbr]

Sometimes it becomes a case of being drunk and not having the ability to keep your mouth shut. The passengers should really just be quiet. Have a hard time believing a passenger who is intoxocated is going to be arrested if they are transported by a sober driver. But then I forgot all the police are agains the citizens!

 

[Sigblaster]

registered 0.20 on my PBT

What obligation was the passenger under to submit to that?

 

[Benny]

Her friend, who was sober, decided to drive but did not have a driver's license.

I would hope I'm not in the minority when I see a problem with this.

I have been over the limit (I'm just assuming by doing simple math; I've never been breathalized when not driving) in the passenger seat before while getting pulled over and made it home without going to jail both times...However, the driver was sober with a valid DL. On both occasions, the officer thanked us for being responsible and let the driver go with a verbal.

Thank Heaven for officer discretion...And friends that can drive legally when you need them. I may see the inside of a bar twice a year nowadays, but back in the day (before becoming a parent) I'd go out all of the time and we'd all just take turns staying sober.

 

[Love the 1911]

What obligation was the passenger under to submit to that?

He was under no obligation. He can go to jail for PI without taking a Portable Breath Test as his level of intoxication was quite apparent. The PBT helps me determine if I need to take him to the hospital before transporting him to jail to make sure any medical needs are taken care of. The limit in my jurisdiction is 0.25 BrAC.

Any more questions?

 

[Kase]

This is exacltly why I just stay home most of the time when I drink.

Screw paying $3+ for a beer, and going to a bar in general is just asking for trouble from the police

 

[CandRFan]

He was under no obligation. He can go to jail for PI without taking a Portable Breath Test as his level of intoxication was quite apparent. The PBT helps me determine if I need to take him to the hospital before transporting him to jail to make sure any medical needs are taken care of. The limit in my jurisdiction is 0.25 BrAC.

Any more questions?

If I may ask...if his level of intoxication wasn't apparent, can he refuse the test? Do you then use your judgement to let him go or arrest him?

 

[Love the 1911]

If I may ask...if his level of intoxication wasn't apparent, can he refuse the test? Do you then use your judgement to let him go or arrest him?

PI has to involve a level of intoxication that affects one's behavior to some degree. Not being able to stand upright, stay on a sidewalk while walking, unnecessary aggression, beligerent attitude, or generally lacking judgement on decision making would make a PI stick. We could, as one poster pointed out, sit outside a bar a arrest everyone that comes out and tries to get into a vehicle but, at least in my jurisdiction, the cases would be tossed and we would likely get sued if we played that game too many times. Besides that, the bars help pay my salary with the taxes they pay. I would not want to drive their business off with activity like that without other circumstances at work.

 

[danielocean03]

This is exacltly why I just stay home most of the time when I drink.

Screw paying $3+ for a beer, and going to a bar in general is just asking for trouble from the police

Amen.

 

[serpicostraight]

In 1995, right in Lafayette Indiana, I had a friend get a DWI sitting in a truck listening to the radio. He admittedly had too much to drink, so he figured he wouldn take a nap in the bar parking lot and make sure not to drive under the influence. The cop woke him up and arrested him for drunk driving, even though the vehicle had never left the parking stall. I thought that was pretty bad then. With the economy getting tight, LEO's have a lot more pressure to bring in money from fines.

i was charged under the same circumstances by a buffoon with a badge who wasnt smart enough to tell the difference between a parked and moving vehicle. im gonna call iu and see if they can start a special ed class for cops. parked vs moving 101. it might benefit everyone. btw i was found not guilty and the judge handed the cops ass to him.

 

[Sigblaster]

He was under no obligation. He can go to jail for PI without taking a Portable Breath Test as his level of intoxication was quite apparent. The PBT helps me determine if I need to take him to the hospital before transporting him to jail to make sure any medical needs are taken care of. The limit in my jurisdiction is 0.25 BrAC.

Any more questions?

Ok, that explains it. So, he consented but he didn't have to. It's not like operating a motor vehicle, where there is implied consent.

 

[Love the 1911]

Ok, that explains it. So, he consented but he didn't have to. It's not like operating a motor vehicle, where there is implied consent.

Even as a driver, implied consent applies only to a certified test, not the roadside tests that are offered (field sobriety tests in addition to the Portable Breath Test). There are no penalties for refusing the roadside tests.

The passenger, despite being arrested was very cool while the driver was a complete jerk. At one time, the passenger, with a smile, said to me, "He's ****ing crazy, man!" I laughed my butt off at that.

 

[IndyBeerman]

i dont have such a problem with the driver being arrested. she knew she wasn't allowed to drive and did. the pasenger imo should not have been arrested. she was making a wise decision by not getting behind the wheel

While she made a wise decision to not drive, she made an unwise one for calling a friend who had no license.

So the problem lies with this:

Driver is not licensed.

Passenger must drive, which can not happen because they have been drinking, so this is a no go.

So vehicle is parked and a tow is called.

Passenger now is forced on the side of the road to wait for another ride, they are now in violation of being PI'd.

The answer to this story is to not call a friend who has no driver license, and this does not happen.

 

[Kirk Freeman]

I thought the solution was not be intoxicated in public?

 

[Stschil]

I thought the solution was not be intoxicated in public?

I was drunk in a bar! They threw me into public!
Ron White

 

[MAJB Retired]

I just drink at the house...

 

[cobber]

If you're going to go out drinking and plan to get intoxicated, then choose a designated driver who is legal to drive. This may require a bit of thought ahead of time, but an ounce of prevention...

Also please check your brake lights, license plate light, car registration status, etc. And advise the driver to signal turns, dim the brights, etc.

If you're stopped the driver should inform the officer that everyone is going directly home for the evening.

 

[Kutnupe14]

Sometimes it becomes a case of being drunk and not having the ability to keep your mouth shut. The passengers should really just be quiet. Have a hard time believing a passenger who is intoxocated is going to be arrested if they are transported by a sober driver. But then I forgot all the police are agains the citizens!

That has been the case for my PI arrests 100% of the time.