2) Bullshit. Guy did not drive the vehicle at all- thus not a DRIVING while intoxicated.
That may not be the case in Nebraska, but it sure as hell is the law in Tennessee and North Carolina. I have the DUI conviction to prove it.
Parked car, at a friend's house, parked on the side of the road, but my left two tires were barely touching the road surface. Got loaded at a party, no place left to sleep in the house, so I crashed in the car, not driving anywhere. Got pulled out of the car by the local
gendarmerie a couple of hours later, taken to the hospital for a blood draw, arrested, charged, and convicted for driving while impaired. The reasoning? I had the keys in my pocket and was inside the car, and therefore was "in control" of a vehicle while intoxicated. Because I was over a .012, I got to spend the next fifteen weekends plus one full week in the county jail.
A friend in North Carolina got a DUI because he was drunk and in possession of the keys and wasn't even in or near the car. His car was parked (properly) on the street and some woman hit his car in the middle of the night. Cops came to take the report, and routine question to my friend: "have you been drinking tonight?" His response, since he thought there was no concern about drinking beer on his own back porch, was affirmative.
"Where are the keys to the car?"
"In my pocket."
"Turn around. You have the right to remain silent...."
Essentially the same reasoning: he had the
potential to drive while intoxicated, even though he had been nowhere near the steering wheel that night. He got "lucky" in that he only had to do a week in jail, but North Carolina does not (or at least did not at that time) allow expungement of DUI convictions for any reason, so he had to tell every employer that he had a DUI conviction. Cost him a lot of good jobs over the years.
Now, all of that having been said, it's my understanding that Tiger admitted to taking vicodin (sp?), apparently Rx for back issues. I don't know about anyone else, but when I took vicodin for my hip replacement, it made me do all sorts of weird things. It wasn't really like sleepwalking (which I haven't done for many years, but I definitely remember), because when you're sleepwalking, it's like you're acting out what's going on in your dream. Ergo, I would do things when sleepwalking like put the laundry into the refrigerator, because in my dream, that refrigerator was actually a washing machine. On vicodin, I would be in something more like what I would imagine hypnosis is like, sort of a trance. So I did things like get up at 3:00 in the morning and take the garbage out to my car to take out to the dumpster in the apartment complex. I had no particular reason for doing this, but I felt this sort of dazed compulsion to do it. So I got up at 3:00 in the morning, collected all of the trash, and then took it out to the car, and only really woke up when I realized that I didn't have my car keys and I was sitting in the car in my underwear. I did other strange things, too, like waking up in the middle of the night realizing that I was cleaning the bathtub for no readily apparent reason at that hour. So I do have to wonder, at least a little bit, if this sort of thing happened to Tiger as well. Perhaps he never actually set out to drive in that state, but the drugs made him do something he never really intended to.
