Can You Get a DUI In a Parked Car?

DUI, or”driving under the influence,”should be exactly what it sounds like. You’re driving, you’ve been drinking or using drugs, and you get caught. You and your attorney may argue in court later about the specifics of your DUI arrest, but there’s no doubt that driving under the influence is just that.

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 pulled over 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 get a DUI arrest.

Of course, drinking and driving is always a bad idea, but you should know some facts about DUI cases before you get behind the wheel after a few drinks.

Drinking, Driving, and Not Driving

In nearly every state, the legal blood alcohol content (BAC) for driving is .08%. If you’re above the legal limit, you cannot drive.

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.

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.

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 sufficient for a DUI arrest, even if law enforcement or witnesses did not see the driver actually driving the car. Seeing an intoxicated person in or near a car may provide sufficient circumstantial evidence for a DUI arrest if there are other signs they 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

DUI defense attorneys recommend getting into the passenger seat or backseat 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.

Condition of the Car

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. If your driveway is dry but the tires are wet, you may have a problem.

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. If the car is “parked” in the neighbor’s yard, you have no defense.

Additional Factors

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 good deal. If police found you asleep in the back seat of your car with the keys in your glove box in the parking lot by the bar, you might get away with a warning.

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.

Talk to a DUI Criminal Defense Attorney

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