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arrested in driveway and charged with dui

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wyoung

Junior Member
What is the name of your state (only U.S. law)?WYOMING My husband was arrested for a APC/DUI while in his truck in our driveway. I was out of town and received a phone call from my landlord asking for a spare key to the truck so she could him out and into the house, but I had the key with me, and the doors were locked. She ended up calling the police for a welfare check to unlock the door. They told her they were taking him to the hospital to be checked out, and instead arrested him and took him to jail! They didn't tow the truck because she told them he lived there, yet they told me he was not on private property when he was arrested. If you cant get a public intoxication at home, how can they charge him?
 
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Ohiogal

Queen Bee
He was drunk behind the wheel of a car. He was in control of said vehicle. Hence DUI. And he can get public intox if he is in public -- which he technically was.
 

wyoung

Junior Member
arrested

I'm glad you weren't giving me advise, private property means you need a search warrant, he was not in public. If your not safe at home, where then? He had a few drinks, but also worked 60 hours that week, he was tired when he got home. Ever heard of innocent until proven guilty? No sobriety tests were given.
 

BL

Senior Member
I'm glad you weren't giving me advise, private property means you need a search warrant, he was not in public. If your not safe at home, where then? He had a few drinks, but also worked 60 hours that week, he was tired when he got home. Ever heard of innocent until proven guilty? No sobriety tests were given.

Someone called a welfare check .

If the keys were in the ignition and he was intoxicated , that makes him in control of the vehicle .

The police didn't need a warrant as they were preforming a welfare check .

Got it .

They didn't tow because the vehicle was in the drive where he lives .

He was charged with DUI .
 

BigMistakeFl

Senior Member
You misunderstand the concept of "private" property. Most people do. He was in control of the vehicle and he is going down for this. I suggest you consult with a good DUI defense lawyer right away.

Yes, they can do this.
 

CdwJava

Senior Member
Wyoming statutes 31-5-233 indicates that no person "shall drive or have actual physical control of any vehicle" when they are impaired. Thus, it would seem to imply that DUI can be enforced anywhere. Plus, unless he stumbled out of the house and then got IN to his vehicle, he had to have driven to that spot in the driveway.

I suspect that no sobriety tests were given because he was unconscious upon contact. If they conducted no tests and did not get a chemical test, then his attorney might be able to work out a deal ... though the being passed out behind the wheel is going to be tough to beat.

- Carl
 

Alex23

Member
There is no information about the conditions of the arrest. I am going to guess that he was found asleep in the driveway with the engine running. Am I close?
 

CdwJava

Senior Member
There is no information about the conditions of the arrest. I am going to guess that he was found asleep in the driveway with the engine running. Am I close?
Heck, Wyoming defines it as "physical control" ... not sure, but that coul mean just sitting in the driver's seat even without the engine running!

- Carl
 

Ohiogal

Queen Bee
I'm glad you weren't giving me advise, private property means you need a search warrant, he was not in public.
He was in PLAIN VIEW of anyone passing. There was NO EXPECTATION of privacy. No search warrant is required.

If your not safe at home, where then?
Oh but he was not safe at home. He was in public view. He was not inside the house with all blinds pulled and no way for people to see what was going on.

He had a few drinks, but also worked 60 hours that week, he was tired when he got home. Ever heard of innocent until proven guilty? No sobriety tests were given.
He had a few drinks and was behind the wheel of a car. Go figure. He was passed out. He got a DUI. if the car was parked in the garage with the door shut that would have been different.
 

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