# DUI/OUI intent or actual driving?



## SOT (Jul 30, 2004)

I heard something this weekend that I thought might be a bit suspect, so I figured I would ask.

If a person is drunk, and walking to their car with keys in hand, is that enough to arrest them for DUI/OUI? Or do they have to actually be in the car and driving or in the car with keys in the ignition?

I know people have been arrested for riding a bicycle while drunk, can that also happen to people operating motorized wheelchairs or just wheelchairs?
I see this guy in Pittsfield every weekend with one of those "senior scooters" drunk out of his mind driving around and crashing into stuff.


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## csauce777 (Jan 10, 2005)

SOT said:


> I heard something this weekend that I thought might be a bit suspect, so I figured I would ask.
> 
> If a person is drunk, and walking to their car with keys in hand, is that enough to arrest them for DUI/OUI? Or do they have to actually be in the car and driving or in the car with keys in the ignition?
> 
> ...


Not a chance. Theres no operation of the vehicle while walking to the car. Additionally, the vehicle isnt likely on a public way.

Now if you see this drunk walking to his vehicle, starting the car, and driving off, he's toast. As for the drunk scooter driver...you could probably PC him.


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