[McLovin5]

I'll admit I got this idea after seeing it on a TV show (brownie points for naming that show), but it actually seems like a great idea:
Say I've gone out and indulged a bit too much to drive but need my car to go to work in the morning. Taking a cab home is an obvious choice, but then I have to wake up even earlier than normal to get the car in the morning...last thing anyone wants to do after a long night out.
So the question is: Can I call BMW Assist and just ask them to tow my car home or would I need to make up some type of issue and then hope the tow truck driver doesnt care?

[alex2364]

Uh no.

[rothwem]

I would love to see the look on the tow-truck driver's face when he shows up and you're hammered. I think you should try it.

[cb1111]

In many states if you have theys and access to the car then you are considered DUI - even if you're not driving.

Also, BMW assist tows you to the closest dealer - not your house.

[rothwem]

Originally Posted by cb1111

In many states if you have theys and access to the car then you are considered DUI - even if you're not driving.

Also, BMW assist tows you to the closest dealer - not your house.

huh?

I'm pretty sure its only considered DUI when you start the car. I've heard of truckers getting DUIs after staggering out of the bar, starting the truck to get heat then falling asleep and being woken up to a cop knocking on the door of the cab. Since the engine is running, you're considered to be operating the vehicle. So if you're going to sleep in your car for the night after some heavy drinking, don't start the engine.

[cb1111]

Originally Posted by msrothwell

huh?

I'm pretty sure its only considered DUI when you start the car. I've heard of truckers getting DUIs after staggering out of the bar, starting the truck to get heat then falling asleep and being woken up to a cop knocking on the door of the cab. Since the engine is running, you're considered to be operating the vehicle. So if you're going to sleep in your car for the night after some heavy drinking, don't start the engine.

It depends on your state and their definition of "driving."

Some courts have concluded that if you have "control" of a motor vehicle and you are drunk then you can be convicted on DUI. What is "having control?" Many states have determined that if you have the keys AND access to the car then you "have control" of the vehicle - even if you aren't in it.

There are lots of horror stories of people who got DUI's after a flat tire and their (non-intoxicated) driver went off for help - but left the keys in the car and the drunk in the passenger seat or sitting outside on the curb.

For example - for the state of Washington (the only one I had handy

Physical control of vehicle under the influence is defined in section 46.61.504 of the Revised Code of Washington:

"(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:

(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or

(b) While the person is under the influence of or affected by intoxicating liquor or any drug; or

(c) While the person is under the combined influence of or affected by intoxicating liquor and any drug."