Can You Get a DUI In a Parked Car?

Driving under the influence (DUI) seems like it would be exactly what it sounds like. You’re driving, you’ve been drinking or using drugs, and you get caught.

But can you be arrested for drinking without driving? What if you’re drinking in a parked car? What if you did the responsible thing and waited to sober up so you weren’t drunk driving?

Some states have cracked down so hard on drinking and driving that even being near a car while intoxicated is enough to face a DUI arrest. Though drinking and driving is always a bad idea, you should know some facts about DUI cases before a night out.

If you were arrested for a DUI without actually driving, you’ll need a strong advocate. Get help from a criminal defense lawyer who has experience with the local DUI laws. They can review the facts and represent you against DUI charges.

How Much Alcohol Is Too Much?

In nearly every state and the District of Columbia, the legal blood alcohol content (BAC) for driving is .08%. Utah is the exception with a stricter BAC limit of .05%.

If you’re above the legal limit, you cannot drive. It takes time for your body to metabolize the alcohol until you’re back under the limit again. That’s why drivers may consider waiting in their car before driving home. Yet, you’d need to know how long to wait before driving.

Every state has implied consent laws as part of its driver’s licensing laws. All drivers give permission for the state to test their blood, urine, or breath for BAC if a police officer has reasonable suspicion to think they’re driving under the influence. Refusing to submit to such a test results in an immediate driver’s license suspension.

Does the BAC Limit Apply When Parked?

Most DUI offenses require that the vehicle “be in motion” or that the driver be in “actual physical control” at the time of the arrest. But state laws differ about what “actual physical control of the vehicle” means. It’s a good idea to check the specific elements of a DUI in your state’s laws.

Factors That Raise the Risk of a DUI While Parked

If police find you on the side of the road, they will evaluate your condition and the state of your parked vehicle. This evaluation will give them clues about whether they can arrest you for a DUI.

Location of the Driver

In some states, the driver’s proximity to the vehicle is critical to a DUI conviction. The closer the driver is to the steering wheel, the more courts are likely to consider a DUI charge appropriate.

In some states, seeing an intoxicated driver exit a motor vehicle can be enough for a DUI arrest. This can happen even if law enforcement or witnesses didn’t see them actually driving the car. Seeing an intoxicated person in or near a car may provide circumstantial evidence for a DUI arrest.

Usually, these arrests involve other signs the person intended to take control of the car, such as:

• Sleeping in the driver’s seat
• Holding the car keys, although the engine is not running
• Attempting to reenter the car after leaving the vehicle

Condition of the Vehicle

If you’re not driving when police arrest you for suspected DUI, they must collect other evidence to show you were driving under the influence of alcohol. The status and location of the car are possible indicators of what you were doing before the police found you.

Law enforcement officers will check the interior of the car for open containers. They also check the hood to see if the engine is warm, indicating you just switched it off. They may check the tires, looking for signs of recent driving. For example, if your driveway is dry, but the tires are wet, you may have a problem.

Location of the Vehicle

The vehicle’s location helps police establish probable cause. If you’ve fallen asleep in the bar parking lot, it’s easier to claim you haven’t driven anywhere than if you’re found on the road halfway between the bar and your house. And if the car is “parked” in someone’s yard, you probably have no defense.

Can I Sleep in My Car Until I’m Sober?

Sleeping in your car while drunk can be legally risky. Remember that you can’t drive at all once you’re intoxicated. You can’t drive even a short distance away from where you were drinking to find a spot to park on the side of the road.

DUI defense attorneys sometimes recommend getting into the passenger seat or back seat of your car if you pull over to sleep off a few drinks. Doing so helps create reasonable doubt that you planned to hop back in the driver’s seat and speed away while still drunk.

This strategy doesn’t guarantee that you won’t get in trouble, but it can lower the risk of a more serious DUI situation. Imagine police found you asleep in the back seat of your car in the parking lot by the bar, and the keys are in your glove box. Based on the circumstances, you might get away with a warning. But if you’re found passed out in your car at a stoplight with the engine running, you’ll need a good DUI lawyer to make a strong defense argument.

Each state’s DUI laws define “physical control of a vehicle” differently. You’ll need legal advice on your state’s definition if you get arrested for a non-driving DUI.

What if I Park in a Private Parking Lot?

In many states, you can still get a DUI on private property. You might be tempted to wait in your car at the parking garage or lot near the bar, club, or party you left. But the property owner might not allow you to stay. They may call law enforcement to remove you from the property. When in doubt, the safest decision may be to get a ride home.

Talk to a DUI Criminal Defense Attorney

If you’re facing criminal charges for a non-driving DUI, you need legal representation. Find a criminal defense attorney in your area. They can explain the DUI defense you’ll need to avoid jail time and fight your charges.