Technically, you can drink in your car if it’s off, not in a public place, and you’re over the age of 21. California does not have specific laws that state you can’t drink in a car that’s turned off. However, if law enforcement suspects you were driving before you turned off the car, you could be charged with driving under the influence (DUI).
Fortunately, a Los Angeles DUI lawyer can take on your case and fight to get your impaired driving charges dropped. An experienced attorney can represent you throughout the legal process and answer any questions you have about your case.
Can You Drink in a Parked Car in California?
There are no laws that prohibit you from drinking alcohol in a vehicle you don’t plan to drive.
That said, you may still face DUI charges if law enforcement finds you drinking in a parked vehicle. Driving under the influence of alcohol and drugs is illegal in California. It’s also illegal to carry an open container of alcohol in an operating vehicle. The police may believe they have proof that you violated these laws if you’re drinking in a parked car.
Officers may assume that you were recently driving a car if:
- The hood of the vehicle is warm
- You are in the driver’s seat
- The keys are in the ignition
If one of the above-listed statements is true, authorities could claim that there is evidence of you violating CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol, which could result in criminal charges. In this situation, you’ll want to hire an experienced attorney. They’ll advise you further on if you can drink in your car if it’s off and protect you from a serious conviction.
Tests for DUI Charges in Los Angeles
If a police officer finds you drinking in a car that’s turned off, they may still ask you to submit to a breathalyzer or blood test. These tests allow authorities to determine if your blood alcohol content (BAC) is over California’s legal limit. There are several limits used for different types of drivers, including the following:
- 0.08% if you are a non-commercial driver over 21
- 0.04% if you are a commercial driver over 21
- 0.01% if you are a driver under 21
Police officers may ask you to take a breathalyzer test if they find you in a vehicle and believe you were drinking and driving. That said, there are some situations where you can refuse a preliminary alcohol screening (PAS) test. Although, if you are under 21 or on DUI probation, you must take the test.
If you refuse a legally ordered BAC test, you could face serious consequences, such as a license suspension. Instead of putting your license and future in jeopardy, hire an attorney and get the legal representation you need to avoid severe DUI consequences.
Facts About DUI Charges in Los Angeles
Even if you turned your vehicle off before when the authorities found you, police officers could still cite you with a DUI if they believe you operated the car while intoxicated before parking and turning it off. If the court convicts you of a DUI, you could face severe penalties, such as:
- Fines
- Jail time
- Probation
- Time in DUI school
- The installation of an ignition interlock device (IID) in your car
In addition to these penalties, a conviction can leave a mark on your criminal record that could remain visible for years. It’s also important to note that you’ll face higher penalties each time the court convicts you of a DUI within a 10-year period.
So, can you drink in your car if it’s off? In some cases, you can legally drink in a parked car, but it can lead to complex legal challenges.
How To Build a Defense for DUI Charges
Even though you legally can drink in your car if it’s off, you can still face charges if law enforcement finds you engaging in this activity. If police officers find evidence that suggests you were driving while impaired earlier in the night, you’ll want to mount a DUI defense case to challenge their accusations.
Depending on the nature of the incident and your arrest, a seasoned lawyer may take several courses of action to fight your charges. Once an attorney has investigated your case, they may attempt to combat DUI allegations by making one of the following arguments:
- You did not operate the vehicle while impaired
- Police officers didn’t have probable cause
- You were subject to an illegal vehicle search
One of these legal arguments or another type of defense case could help a lawyer get your charges reduced or even dismissed. That said, you’ll need an experienced attorney to help you back up these arguments.
A lawyer can take several steps to prove your case and help you avoid damaging consequences.
How a Los Angeles DUI Lawyer Can Help You Win Your Case
When you work with an attorney to fight DUI charges stemming from drinking in your car, they’ll take a handful of steps to ensure you get the best outcome possible. Here’s what your lawyer can do to help you win your DUI case:
- Investigate the incident and analyze the evidence
- Interview eye-witnesses to gather more information and insight into the arrest
- Analyze BAC test results and look for inconsistencies
- File a motion to dismiss
- Scrutinize the arresting officer’s conduct
- Mount a strong defense on your behalf
- Negotiate a DUI plea bargain with prosecutors
- Represent you in court and during other legal proceedings
- Make strong opening and closing arguments
- Advise you on whether you can drink in your car when it’s off
As you can see, having a knowledgeable attorney by your side during the DUI defense process can be incredibly beneficial. No matter how complicated your case is, you can count on your attorney to represent your best interests and fight for a verdict that protects your freedom, finances, and future.
A Lawyer Can Determine if You Can Drink in Your Car When It’s Off
Can you drink in your car if it’s off? Technically, you can sit in a vehicle and drink some alcohol. However, you could face DUI charges if a police officer believes you were drinking and driving. In this situation, you may contact a Los Angeles DUI lawyer for the legal advice and counsel you need to avoid a conviction.
Contact us today to learn more about your case and how to get your charges dropped or reduced. A highly knowledgeable legal team can provide the information you need to make smart legal decisions and dramatically increase the likelihood of a positive verdict.
We look forward to hearing from you soon and guiding you through this challenging process.
