Could I get a DUI if the car was not moving? 12 Answers as of May 05, 2015

A cop arrested me because I was sitting in my car in the parking lot of a restaurant. He gave me a DUI even though I was just sitting there because I was waiting until I knew that I would be OK to drive. My car was on so that I could have my MP3 player and air conditioning on. Is this really legal for the cop to do? What do I need to do now?

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Gates' Law, PLLC | Thomas E. Gates
It is legal and you need to retain an attorney to get the charge reduced.
Answer Applies to: Washington
Replied: 5/5/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
What you need to do first is find a skilled OWI lawyer. Under the statute, it is 'driving' if you are behind the wheel and any of the devices needed to run the car-such as the ignition-is turned on. Some cases have been won before juries on facts similar to yours. But there would be a steep hill to climb. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/5/2015
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
Yes, this is legal and it happens all the time. Hire an experienced DUI lawyer to represent you if you want to avoid having a DUI conviction on your record.
Answer Applies to: Missouri
Replied: 5/5/2015
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
The arrest is bad. The cop has to see the crime to arrest you sitting by your car is not a crime. The "d" in DUI stands for driving.
Answer Applies to: California
Replied: 5/5/2015
Universal Law Group, Inc. | Francis John Cowhig
It is legal for a cop to do that. Whether there is enough evidence to convict you is another story. Hire an attorney to represent you.
Answer Applies to: California
Replied: 5/5/2015
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Unfortunately in the state of Minnesota there is a "in control of the vehicle" law. You need to talk to an attorney asap.
    Answer Applies to: Minnesota
    Replied: 5/5/2015
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    The standard is driving or being in actual physical control. There are several factors. Were you behind the wheel. Were yo legally parked. How long were you parked etc. It is complicated area. You need to consult an experienced DUI lawyer.
    Answer Applies to: Nevada
    Replied: 5/5/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The prosecutor can use circumstantial evidence to show that you must have been driving just moments before. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 5/5/2015
    Ty Wilson Law | Ty Wilson
    Yes you can be cited for DUI. You should reach out to a DUI attorney who practices in the court where you will have the charges pending. Also, you may want to pick up your arrest report. It will help provide you the police officer's view of what happened when you were arrested. Good luck.
    Answer Applies to: Georgia
    Replied: 5/5/2015
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You are in control of a vehicle that is on and operable. IF you are under the influence, that is a DUI.
    Answer Applies to: Georgia
    Replied: 5/5/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You need an attorney. In Michigan the actions which you described are prosecutable. Hopefully the facts may be able to mitigate your damages.
    Answer Applies to: Michigan
    Replied: 5/5/2015
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes, you can be arrested for sitting in a vehicle while the keys are in the ignition. You need to hire an attorney to fight these charges against you. If no one saw you driving, it could be hard to the government to establish that you were DUI.
    Answer Applies to: California
    Replied: 5/5/2015
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