Yes, in certain circumstances, you can be charged with a DUI even if you weren’t actively driving a vehicle at the time of your arrest. This may seem counterintuitive because your car wasn’t moving when the police approached you.
In California, the concept of “driving” for DUI purposes extends beyond the act of moving a vehicle on a public road. Courts have interpreted it to include being in physical control of a vehicle, even if it’s not in motion.
This broad interpretation aims to prevent dangerous situations where an intoxicated person could easily set a vehicle in motion. If you have been arrested for DUI while you were stopped, speak with our Los Angeles DUI lawyers immediately for advice.
Scenarios Where You Could Get a DUI Without Driving
Several things help police determine if you have the capability to drive a vehicle while intoxicated, even if you weren’t in motion at the moment of police contact. The key factors that they consider include:
- Your location in the vehicle
- Whether the engine is running
- Where the keys are
- Your apparent ability to operate the vehicle
- The presence of alcohol in the vehicle, like a beer in your car
Here are some scenarios that we’ve seen in our practice where people could get charged with DUI in a stopped vehicle.
Asleep Behind the Wheel
One common scenario is being found asleep behind the wheel of a parked car. If the keys are in the ignition or within reach, law enforcement may argue that you had the intention and ability to drive while under the influence. You could still face charges even if you responsibly decided to “sleep it off” instead of driving.
Being in Physical Control in a Public Space
Another situation is being in physical control of a vehicle in a public space, such as a parking lot. If you’re in the driver’s seat and can start the car, you might be considered in control of the vehicle for DUI purposes, regardless of whether you intend to drive.
Being Intoxicated Near Your Vehicle with Evidence of Driving
You could also face charges if you’re found intoxicated near your vehicle, along with evidence suggesting you recently drove. For example, if your car is parked haphazardly and you’re found nearby showing signs of intoxication, officers might infer that you were driving under the influence.
Legal Defenses for DUI Charges When Not Driving
If you find yourself facing a DUI charge in Los Angeles despite not actively driving, there are several DUI defense strategies available.
The best one is to show you weren’t in actual physical control of the vehicle when you were discovered. For example, if you were sleeping in the back seat with the keys out of reach, the engine off, and the car properly parked, this can show you did not have physical control.
Another defense might focus on challenging the officer’s observations. If the arresting officer didn’t see you driving and made assumptions based on circumstantial evidence, your attorney might be able to cast doubt on the validity of the charge.
The Importance of Responsible Decision-Making
The safest choice is always to separate drinking from any chance of driving. This protects you legally and ensures your safety and that of others on the road. Plan how you’ll get home before you drink to stay safe.
Sleeping alcohol off in your car could get you into legal hot water, especially if you are still intoxicated if the police arrive. Convincing them you’re not in control of your vehicle while drunk may be impossible. There is also the risk of driving away even if you intend to stay put if you black out.
Always designate a sober driver or use ride-sharing services if you plan to drink. It’s better to find alternative transportation or accommodations rather than risk a DUI charge by being in or around your car.
What to Do If You’re Charged with a DUI While Not Driving
First and foremost, exercise your right to remain silent. Anything you say to law enforcement can be used against you in court. Politely decline to answer questions about your activities or alcohol consumption without an attorney present.
Next, contact an experienced DUI attorney as soon as possible. A knowledgeable lawyer can review the details of your arrest, identify potential weaknesses in the prosecution’s case, and develop a defense strategy. The sooner you speak with a lawyer, the better.
Document everything you can remember about the incident, including where you were, what you did, and any interactions with law enforcement. This information can be invaluable to your attorney when building your defense.
Protect Yourself From DUI While Not Driving
Understanding that you can potentially face a DUI charge even when not actively driving is essential if you drink and own a vehicle. If you find yourself in a situation where you’re facing a DUI charge despite not driving, remember that you have legal options.
We’re here to help if you’re facing a DUI charge or have questions about California’s DUI laws. Contact Los Angeles DUI Attorney now to discuss your situation and learn how we can assist you in protecting your rights and future.
