Can I get a DUI in a parked car? 81 Answers as of February 24, 2012

Yes you are presumed to have driven to the parked place when DUI However, this may be a good case to fight. Get an attorney.

The issue is whether you were operating the car while impaired. If the car was on then maybe they can say that it was being operated. You need an attorney. The facts in this case are critical.

It is possible for you to be convicted if it can be shown that you were in control of the car. This is a case were a competent criminal defense attorney may be able to help you. A conviction will depend on the facts of the case and how they are developed at trial before the jury.

Theoretically, yes. Sitting in the car with keys in the ignition is enough for a judge or jury to find that you were operating a motor vehicle. With that said, it might be a more difficult DUI for the prosecution to prove. You should speak with a criminal defense attorney in your area about your options.

I would need further information to answer the question, however if the police have some way of proving you were operating the vehicle you could get convicted. you should hire an attorney.

NH has an actual physical control definition of operating. So yes you can be charged and even convicted. However, if you hire a good DWI lawyer you can win. My advise is hire the best DWI lawyer in the locality of the charge.

The short answer is yes. To be convicted of DUII in Oregon, the State must prove beyond a reasonable doubt that you drove on a public road. Although it will difficult for the State to prove their case if no person actually witnessed you driving, it may attempt to rely on *circumstantial *evidence that you were driving. For instance, the police officers may testify that they felt the hood of your vehicle and observed that it was still warm. Your location in relationship to your residence may also provide circumstantial evidence of driving. Moreover, it is possible that the State could could charge you with Attempted DUII, meaning that you took a substantial step towards driving under the influence.

You cannot be convicted of DUI if you were not driving. However, it is a crime to be in "physical control" pf a car while under the influence, even if you're not driving. You should talk to an attorney about this.

Question Detail: Charged with DUI while in lawfully parked car engine was off but keys were in the ignition to play music. One prior DUI 5 years ago. Can I still be convicted if driving was never witnessed by officers? Yes.

If the officers have probable cause to believe that you were at some point driving the vehicle while intoxicated then you certainly can be arrested and charged with DUI. You may be able to contest this after the fact which is something that you should discuss with an experienced DUI defense attorney. Because of your prior conviction you will likely be facing second offense DUI charges which can be more serious and may carry mandatory jail time on conviction. An attorney will be able to advise you how best to proceed and may be able to negotiate reduced charges and/or sentencing based on the evidence. If you are seeking DUI representation in Louisiana,

yes its called actual physical control

You can be charged with "Physical Control" - which is essentially the same as DUI - whether or not you'd be convicted is a different question.

Yes. In Illinois all that has to be shown is that you were in "actual physical control" of the car. If you were in n the driver's seat with the keys in the ignition your situation fits the legal description of actual physical control. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.

You have a good defense if there were no witnesses to your driving and you were lawfully parked.

Sad to say yes you can be convicted. Keys in the ignition amounts to actual physical control. You might have a safe shelter defense, but I would need more information to address your question.

Yes, unfortunately "driving" does not necessarily mean driving. Having the ability to drive the car may be enough. Hire an experienced criminal defense attorney to go over all the police reports.

Yes if it can be proved that you drove there, didn't drink after you stopped driving and your blood alcohol result was likely .08 or above when you did drive based on what it was when you were arrested.

Need to see the police report.

Yes. If the car is operable and has the keys in it. Get an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

You really need to hire an attorney. If you can was not running but the keys were in the ignition, the prosecution may attempt to say that you had "control" over the car and therefore could be charged. You really need to get an attorney to handle this matter for you.

Yes, It's possible. Circumstantial evidence can support a verdict of guilty. Depending on other facts in the case, thejudge or jurycould infer that you had drove the car to the parking lot while under the influence. Also, if the charge is based on a breath/blood test of .08 or higher, it can be inferred that you drove the car with that much in your system.

Unfortunately, you can. However, these parked car cases are often defensible - you need to talk to a good attorney about the details of the case. This is a DUI second for you and carries mandatory jail time if you are convicted. Feel free to call me if you'd like to discuss the case. Good luck.

Yes. Get a lawyer. Do not speak to the police. Stay well.

Depending on the circumstances of the offense, the District Attorney may try "circumstantially" to prove that you had been driving. If the keys were in the ignition, the engine was warm or running, your foot was on the brake, or you admit going somewhere or having come from somewhere, they might be able to make their case. If the officer didnt personally see you drive the car, you have a much better chance of fighting the DUI charge.

In Michigan - the car must be in drive in order for you to be "operating." The state can arrest you and try to prove that you had "operated" while intoxicated if there is circumstantial evidence of operating while intoxicated.

There are some definite issues that an attorney experienced in handling DUI cases can assist you with. This presents an issue of being in actual physical control of your vehicle at the time.

Yes! Actually you can be charged. It is "operation" of a motor vehicle and not necessarily catching you in the act of drving that counts. You must get a lawyer and look into this in greater detail.

The definition of DWI in New York includes "operating a vehicle on a public highway". That includes being parked with the keys in the ignition. If you are behind the wheel with the keys in the ignition you are operating a vehicle as long as you are not in a parking lot. If you are in a parking lot there are additional cases that define whether you are operating the vehicle on a "public highway". You should retain myself or an experienced criminal attorney to represent you in the matter.

Case law says that if the keys were in the ignition and you were behind the wheel, you were in control of the vehicle and can be cited for DUI. That doesn't mean you do not have a defense and it sounds like you do.

Can and should be convicted of two separate things. You should talk to an Attorney ASAP. Go over all the facts and circumstances, it sounds as if you will have several defenses to explore.

Its possible, but difficult for the DA to prove. They have to somehow prove to a jury that you did more than use the radio, that you were operating the car at some point while intoxicated beyond the legal limit.

The appropriate charge is Physical Control and the prosecution still has to improve you were impaired by drugs or alcohol.

As crazy as it sounds, in Mass, you can be convicted if you are in a parked car, with the engine off, if the key is IN the ignition. It is the element of Operation that is in question here. I have successfully challenged this element many times but it can be used to convict you together with other evidence. You should not take this case lightly and think that because the car was off, you will easily prevail. Hire a god Criminal Defense lawyer, who, like myself, specializes in Criminal Defense and DUI/OUI?DWI cases. If you would like to discuss this in more detail my contact info is below. You only have one chance to get this right. You do not want to be sitting with 2 DUIs 5 years from now.

Under Alaska law, the answer is yes. Although most people talk about DUI, the actual offense is Operating Under the Influence. Under Alaska law, you do not need to be driving, but merely operating the vehicle. The Alaska appellate courts have held that keys in the ignition is sufficient for a person to be "operating" the vehicle under Alaska law.

Yes, unless you start looking for a lawyer. The prosecutor will be relying on circumstantial evidence to prove that you were driving before the cops arrived. Prosecutors rarely back down from a no drive defense (ie. I've heard of that one before...) unless you have a good lawyer to present the case on your behalf.

Yes it is possible. Keys in the ignition are not a good thing, but given the right facts you could still beat the case.

Driving can be proven by circumstantial evidence. Yes, they can charge you and they probably will. However, in the event when the engine was not running and no one witnessed your driving, you very well might have a very defensible case. Each case is different and it is impossible to evaluate your case without knowing all the facts.

Law enforcement and prosecutors often do charge people with DUII charges for sitting in a parked vehicle, whether the vehicle is on or off. The presumption is that you likely drove the vehicle to its current position within a short period of time of consuming alcohol. There is also an argument the prosecution can make that even turning the key to a vehicle to listen to the radio is considered "operating a motor vehicle," which is one of the elements of DUII. I advise you consult with an attorney. The fact scenario you presented may pose problems for the prosecution, and with a prior DUII charge in your recent past, it is important you get advice on how to handle this incident.

You may be charged with DUI on the facts presented, although it does present a problem for the prosecutor proving you were driving. The more correct charge is Physical Control which looks like a DUI, has the same penalties as a DUI, but without the driving. A question that needs asking is, why did the Officer approach you if you were lawfully parked in your car? If he/she had no reason, perhaps there is no probable cause to contact you (and case dismissed). Due to your prior DUI conviction within 7 years, be cautious with this case as this would be considered a "2nd" offense (even if it is charged as physical control).

There has to be driving. They don't necessarily have to witness it. They can prove it circumstantially. But that may be difficult for the DA to do in your case. In addition to fighting your court case, you should contest the suspension of your driver's license by DMV IMMEDIATELY.

Short answer is, Yes. You can get a DUI for being in a parked car. At least, you can be arrested for it. What I think you're getting at is whether the arrest was lawful, and whether being in a parked car means you have a fighting chance to win your case. Short answer to that question is - it depends. In California, in order to be properly convicted of a DUI, the DA must present proof that you were DRIVING a car. As you mentioned, if you're parked, then there is no driving. Having the keys in the ignition may open you to other charges, but if the car didn't move, than you werent "driving" which means you have at least a good argument to start a defense to the DUI charges. Don't forget, if you were arrested for a DUI, you only have 10 days to request a hearing with the DMV - otherwise, your license is automatically suspended. DO NOT wait until your first court date as the public defender won't be able to help with your DMV case, and what the court does has nothing to do with what action the DMV takes. I strongly suggest you speak with an attorney and discuss the details of your case. Then you'll be in a better position to determine what can be done to help your case.

The DA can prosecute you for a DUI and attempt to convict you based upon "circumstantial evidence". Did you take a blood or breathe test and what was the result? Did you take a field sobriety test and how did you do? How did you get to the location where your car was parked? Was the car parked far from businesses where you could have walked to your car? All of these are factual issues that the DA will try to use to have you found guilty. OF course you need to combat this by retaining an experienced DUI defense firm like Wallin and Klarich to help you. Due to you having a prior conviction for DUI within 10 years this is much more serious and can result in mandatory jail time if you are convicted.

In Illinois you can still be charged with a DUI because you had control of the car and access to the keys.

Physical control of a vehicle is the same as driving since the state assumes even if you are parked at the time if you have the ability to start the car and drive you can be charged with a DUI. Since the keys were in the ignition and you were in the drivers seat they can charge you with a DUI.

Were you by a public road or were you strictly parked on private property (i.e. private driveway). That may make a difference but the reality is in Michigan (and in most states) if you are behind the wheel and the keys are in the ignition, that will be enough to get a DUI even if you are not driving or the officer did not see you drive because the vehicle is "under your control." If you already have a DUI on your record then you will be charged as a second offender with heightened punishments.

The short answer is yes. The keys in your possession or proximity constitutes actual physical control which is enough to get you for dui. I suggest you consult a local criminal defense attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

More than likely you will be charged with physical control.

You must be operating the vehicle. If the vehicle was not running then it will be difficult to establish that element.

If you were 1) in the vehicle and 2) under the influence of intoxicants you can be charged and convicted of being in actual physical control of a vehicle while under the influence which has the same penalties as DUI. However, depending on what evidence they have, you may be able to prove there isn't much evidence of intoxication. Yeah you were in the vehicle but you were sober enough not to drive. Also, the prosecutor has to have a witness who saw you in the vehicle with the keys in your possession or in the ignition. You're not beat yet and a good lawyer may save the day. There are some fast deadlines ahead of you. For one thing, you need to send in a request for a DOL hearing ASAP.

YES. The state has to prove that you operated a motor vehicle while 1., you had a breath alcohol concentration of .08% or more, 2., had a combination of alcohol and prescription drugs, or 3., were otherwise affected by an intoxicant. The alleged driver passed out in the car cases are defendable but they can be filed and prosecuted.

Absolutely you can be charged with a DUI in a parked car. The law in Alabama only requires that you be "in control" of the vehicle. Hire a lawyer. DUIs have serious consequences, especially when you have more than one.

Potentially yes. I suggest consulting an attorney who can assist you given the facts of your case.

Yes if you have the keys within reach.

Yes.

The "NO DRIVE" defense to a DUI is a great defense. The prosecution has the burden of proving that the ignition was on and that the heat was emitting from the engine of the vehicle. Absent testimony about the same, the prosecution will have an uphill battle ahead of it.

Yes. In Colorado you are 'operating a car" if the keys are in the ignition. The 'reasoning' is that it takes very little effort to put the car in motion. I disagree with this but it is the law. Hire a lawyer - there may be things they can do that will be very beneficial in your case.

You can be charged under RCW 46.61.504. Physical control of vehicle under the influence: (1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state: (a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506 *or* (b) While the person is under the influence of or affected by intoxicating liquor or any drug; *or* (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug. This charge is nearly identical to a standard DUI and has the same penalties. The only difference is that it is a defense to physical control that "prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway." Unfortunately, most prosecutors would rather donate a kidney than agree that an impaired driver's vehicle was "safely off the roadway" and these case can become extremely difficult and complicated. You should seek representation by an attorney experienced in DUI defense.

Yes. If the District Attorney's Office can prove that you were driving and you were at least a .08% BAC, you can be convicted of a DUI. Also, I've heard of people being convicted for attempting to drive while intoxicated. The fact that your car keys were in the ignition, even if it was just to listen to music, is not a good fact for your defense. It further proves that you were either going to drive from that location or that you actually drove to that location.

Of course. Implied control of the car in the recent past is all that is required to charge. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does.

Driving is an essential element of a DUI. If the Prosecution cannot prove you were driving then there are serious legal issues in their case. However if you were in your car and it was parked, you could be charged with physical control. This is basically like a DUI (meaning it carries all the same penalties) except there is no driving element. There are certain legal defenses with this charge, and it sounds like some many apply to your situation. You should speak with an experienced DUI Attorney immediately to determine your options and best course of action.

Yes you can be arrested. Connecticut requires that the key be in the ignition. The engine does not have to be on.

If this occurred in the State of Illinois, you certainly could be convicted for DUI. If you were caught behind the steering wheel with keys in the ignition, EVEN if on private property, you are a candidate for a DUI. Understand that you were in "actual physical control" of said vehicle, and the statute says the vehicle is located anywhere within the State of Illinois, which includes a private parking lot, or even your driveway at home (not limited to a "public highway"), so you are in deep doo-doo! Retain an attorney to work with you to resolve this mess. As a second-time offender, your problems could be worse than on your first arrest.

If you were behind the wheel and the copfelt the hood and it was warm (as if the car has been recently driven) they can prosecute you. Of course it may well be that your sober friend was driving and got out to take a leak, so you slid into the driver's seat to better play the radio.The problem is that if convicted you will have your second DUI and that is not good so you really ought to fight this one.One never knows. Good luck and let me know what happens.

Yes. DUI is driving or being in "actual physical control" of a motor vehicle. That includes having the "apparent ability to drive." That includes keys in the ignition. Therefore you can, indeed, be convicted of DUI sitting in a car with keys in ignition.

Anything can happen. Of course you were charged, so they must feel they cab prove their case. There is fairly clear case law in what is operating in Michigan.

Yes you can but it would probably take more evidence than you have described.

Unfortunately it is possible. It is stupid but possible. There is actually a case that was upheld on appeal where a guy was in the car - maybe with the car on, maybe off - can't remember - but he was not driving and he was either listening to the music, napping, or napping with the a/c on. You are not charged with "driving"; you are charged with "operating". While you can be arrested and prosecuted, these cases are often dumped in trial court and can be won at trial. You were arrested, no doubt, because you had a prior. (That is also why they will be slower to dismiss your case.) You need a good, strong lawyer who will stand up to the prosecutor and demand that you were not guilty.

A lot will depend on what the officers say they observed and any statements you may have made. Generally speaking, you do have to be driving to be convicted of DUI. But prosecutors and police have a large bag of tricks they can use. If you have been arrested and charged, I would highly recommend getting an attorney as soon as possible.

The statute prohibits operation while intoxicated; not driving. operation is broader. Keys in the car hurt you but it could be a defensible case.

Based upon what you said, probably not. But if anyone saw you drive or if the car was illegally parked then yes.