You can get a DUI if your keys are not in the ignition of your car. If you are arrested for driving under the influence when you were not operating your vehicle, you could have grounds to have the charge against you reversed. To find out, consult with a Los Angeles DUI attorney to evaluate your legal options.
A Los Angeles DUI lawyer can provide insights into when it is legal for a person to drive with an alcoholic beverage container that has been opened and similar topics. If you have been charged with a DUI when your car keys were not in the ignition, your lawyer can gather evidence to support your case. They could help you prove that you should not receive a DUI conviction.
Can You Get a DUI if Your Keys Are Not in the Ignition in California?
In California, you can receive a DUI charge if your keys are not in your car’s ignition. A police officer could arrest you for driving under the influence if they believe you are in “actual physical control” of your car. Actual physical control means you can drive your car even if you are not currently operating the vehicle.
As part of their efforts to convict you of driving under the influence when your keys are not in your car’s ignition, a prosecutor may utilize circumstantial evidence in their case against you. They may point to things like your vehicle location and the position of your car keys as signs that you had actual physical control of your vehicle. This evidence can be difficult to dispute.
When prosecutors are using circumstantial evidence in DUI cases, it may seem impossible to disprove their respective arguments. Fortunately, a DUI lawyer in Los Angeles can assist. In your case, they will consider the proof against you and search for ways to contest a prosecutor’s argument.
How Can You Get a DUI if the Keys Are Not in the Ignition of Your Car?
You don’t need to be found driving your vehicle or inside of it to be charged with a DUI under California law. Per CA Vehicle Code 23152 (a), it is illegal to drive under the influence of alcohol. The statute indicates that for a police officer to make a lawful arrest, you must have been driving a vehicle and have had alcohol in your system.
Under this statute, a person who parked their car can be treated the same as someone who is pulled over elsewhere. The case of Mercer v. Department of Motor Vehicles upheld the practice of convicting individuals of driving under the influence without needing movement of vehicles. However, a prosecutor must prove that the defendant caused their car to move.
Proving that you caused your car to move can be done by showing evidence that you moved the car or providing indirect evidence that strongly points to you having moved the vehicle recently. Indirect evidence may come in many forms. For instance, if your car’s engine is warm, this evidence may help the prosecutor in your case secure a DUI conviction.
When Is It Legal for a Person to Drive with an Alcoholic Beverage Container That Has Been Opened?
California law states that an open alcoholic beverage container must be stored in a car’s trunk or another locked compartment. Here, a driver or passengers cannot reach it. If you keep an open container in your car’s glove compartment, you can be punished to the fullest extent of the law, regardless of whether your vehicle’s keys are in the ignition.
Open containers are defined under CA Vehicle Code 23222(a). Based on this statute, a container is “open” if the seal is broken or it has been partially consumed. If you do not have your keys in your car’s ignition and there is an open container of alcohol in your vehicle, police could arrest you and charge you with driving under the influence.
A DUI attorney in Los Angeles can share information about California open container regulations and other laws relating to your driving under the influence case. They can explain what California DUI penalties to expect after a conviction. Plus, they can offer insights into things you could do to avoid getting convicted.
How Can You Build a Legal Defense if You Receive an Unlawful Arrest for a DUI While the Keys Are in the Ignition?
The Mercer ruling means that not having your keys in the ignition can be part of your defense. Yet, citing this ruling may not be enough to get the charges associated with an unlawful arrest dismissed. To help your case, you may show that your keys were stored out of reach, you were not occupying the driver’s seat, or someone else in the vehicle could have driven it.
Along with trying to prove these things, you could pursue DUI plea bargains. When a prosecutor lacks sufficient evidence, they may be inclined to offer a favorable plea bargain. If you were arrested for a DUI and prove that your keys were not in the ignition, the prosecution may downgrade your charge to drinking in a vehicle or being in possession of an open container.
These are traffic infractions for individuals 21 or older, and these carry a maximum penalty of a $250 fine. Compare that to a first-time DUI charge, which comes with fines totaling thousands of dollars, jail time of up to 180 days, and other harsh penalties. A first-time DUI conviction is a misdemeanor and can still appear on your criminal records and impact you moving forward.
Turn to a Los Angeles DUI Defense Attorney for Legal Help
It can be challenging to raise reasonable doubt in a case where a prosecutor is accusing you of driving under the influence. A DUI defense lawyer can help you deal with this situation. They can explain your side of the story to the court and help you make it clear that your keys were not in the ignition of your car and that you were not operating the vehicle illegally.
If you want assistance with disputing a driving under the influence charge, consult with a Los Angeles DUI lawyer who has decades of legal experience. Your attorney will give your case their undivided attention. Speak to a DUI attorney today.
