Is it legal to pretend to be drunk?

Question

There is a famous joke that goes like this:

There is a huge crowd drinking in a pub in the outskirts of a small town. A police car waits in hiding nearby, to catch anyone who tries to drive away while under the influence. As the closing hour approaches, a man stumbles through the door, and falls down. He tires to get up, falls again. Then he crawls on all fours to the parking lot. He goes to a car, tries to stand up, but falls several times. Then he finally slowly manages to open the car door, and takes a lot of time sitting in. He then tries to start the car unsuccessfully, several times, until he at last gets it done, and the engine starts. He proceeds to drive out of the parking lot, when the police turn on their lights, stop him, and administer an alcohol test. To their surprise, it shows 0%. The driver immediately starts acting sober, and when the policemen ask in bewilderment what happened, he just says "We drew lots, and I was the bait". And by that time all the guests have left a long time ago.

Assume that in this situation the driver is smarter and does not say anything, so he does not admit trying to interfere with law enforcement. Was it then legal what he did?

Answer 1

united-states

The potential charge would be obstruction of justice, not pretending to be drunk. The critical factor making this potentially criminal conduct would be an intent to interfere with the ability of law enforcement officers to do their jobs.

Assume that in this situation the driver is smarter and does not say anything, so he does not admit trying to interfere with law enforcement.

No admission is necessary. The conduct speaks for itself and a conviction supported by circumstantial evidence of an intent to interfere with law enforcement in these circumstances would routinely hold up.

There could also be, conceivably, a conspiracy charge.

For a mere DUI offense, this probably wouldn't be pursued. But, say someone was then seriously hurt or killed by one of the drunk drivers who got away as a result. There might be a conspiracy to commit vehicular assault charge, or a conspiracy to commit vehicular homicide charge.

Answer 2

Yes in germany

Driving in a fashion that makes it apparent that you have no capacity to drive is violating §23 StVO

(1) Anyone driving a vehicle is responsible for ensuring that their vision and hearing are not impaired by the occupants, animals, cargo, equipment or condition of the vehicle. Anyone who drives a vehicle must also ensure that the vehicle, the train, the trailer as well as the load and the crew are in accordance with the regulations and that the road safety of the vehicle is not compromised by the load or the crew. Furthermore, it must be ensured that the prescribed license plates are always easy to read. Required lighting devices must be present and operational on motor vehicles and their trailers even during the day.

Driving pretending to be intoxicated is compromising the road safety under §23(1). Similarly: driving overly tired is acted upon under the same paragraph.