;”>You may have many questions about getting a DUI in a parked car in California. A Los Angeles DUI lawyer can provide you with detailed information about this kind of drunk driving charge and options to build a legal defense after an arrest.
You may get a DUI while parked if the court believes you drove the vehicle while impaired by the influence of alcohol. However, a criminal defense lawyer can help you take on this charge to avoid fines, jail time, and the suspension of your driver’s license.
Call or complete our online contact form to learn more.
Can You Get a DUI in a Parked Car?
Yes, while most DUI arrests happen after the police pull drivers over or after an accident, you can get a DUI in a parked car. In some cases, however, officers find you in a vehicle that is parked and suspect you of DUI.
How police will proceed in these situations depends mainly on your specific circumstances.
What Laws Deal with DUIs in a Parked Car?
The court case Mercer v. Department of Motor Vehicles provides information about getting a DUI in a parked car. This case established two essential rules:
- You can only be convicted of DUI if you voluntarily caused a vehicle to move before your arrest, AND
- Circumstantial evidence is enough to determine this.
Voluntarily moving a car means anything from driving it down the road to simply moving it down the driveway. It can even include releasing the parking brake and allowing the car to roll. If you did anything intentional that moved the car, you were “driving.”
Circumstantial evidence means that police don’t need hard proof that you were driving.
For example, if the engine is still warm, it may suggest that you were driving the car shortly before police found you. That would be enough to arrest you for DUI and potentially convict you—although a conviction is not certain without more substantial evidence.
What Defenses Work for Parked Car DUI Charges?
A criminal defense attorney can use several options to address concerns about getting a DUI in a parked car. Depending on your situation, a lawyer may use the:
No Driving Defense
The no-driving defense in a California DUI case works well in many parked-car DUIs. This defense requires your lawyer to argue that while you were in a vehicle, you did not drive or move it while under the influence of alcohol.
This defense may help even if the prosecution tries to use evidence about:
- Law enforcement found the engine or tires warm
- The location of your car in the middle of the road
- Your keys were in the ignition
Even though these are grounds for arrest, it doesn’t mean the prosecutor can prove the case against you.
Driving After You Drove Defense
You could also have a defense if you drank after you drove a motor vehicle. For example, if you bought a bottle of whiskey, drove sober, and later pulled over to drink, you are not guilty of DUI.
A Lawyer Can Help if the Police Arrest You Without Probable Cause
An attorney can help you deal with DUI charges if a police officer arrests you without probable cause. If you were sitting peacefully in a parked car, they may have no probable cause at all. If this is the case, they never should have detained you or investigated DUI in the first place.
Police usually try to justify probable cause in several ways:
- They had a report of you causing trouble (or someone matching your description)
- Someone reported you stumbling or acting strangely
- Your car was on the side of the road, and they checked to see if you needed help
- You were sleeping in the car (if that is illegal in your local area)
Your DUI lawyer can challenge probable cause. If law enforcement never had a legal reason to arrest you in the first place, the arrest is invalid, and you could get the charges dropped.
A Lawyer Can Help if You Were Sleeping in a Parked Car
Many people arrested for DUI in a parked car were sleeping. Sleeping in a vehicle is not illegal by state law, but some areas have local laws against it. If this is the case, the police would have probable cause to detain you for sleeping in a car.
Once they speak to you, they would look for signs of intoxication, such as red eyes and slurred speech. In these situations, they usually ask you to perform field sobriety tests or take a breath test.
Even if they have a valid reason to approach you, however, you are still not guilty of DUI unless you actually drove the car. All the same rules apply. We can help if you’re worried about getting a DUI for sleeping in your car.
You Can Get Help with Attempted DUI Charges
In addition to normal DUI laws, California has a statute against attempting to commit crimes like DUI. Attempted DUI means you are not guilty of having driven under the influence, but you were under the influence and intended to drive.
Attempting to drive under the influence is a crime primarily because it allows police to stop you before you drive and prevent a potentially dangerous incident.
An attempted DUI charge can work for or against you. If you have a strong “no driving” defense, a lawyer may suggest fighting the allegation. But if the case is less clear, your lawyer may be able to get your charge downgraded to attempted DUI. You may want this option because:
- There is no requirement for the courts to notify the DMV and start the license suspension process
- There is no requirement for DUI school
- “Intent” crimes typically carry half the sentence of the actual crime, meaning you would face a maximum jail sentence that is only half as long as a DUI sentence and potentially no jail at all.
Attempted DUI does not count as a prior offense if you face another arrest for a DUI in the future. An attorney can help you build a strong defense against this kind of accusation.
You Can Win Your Parked Car DUI Case
Are you worried about getting a DUI in a parked car? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. You can rely on an attorney to establish reasonable doubt and support you.
Call or fill out our online contact form for professional assistance.
