Can I Get A DUI Just Sitting in The Car?

Yes, you can be arrested for DUI for just sitting in the car. If you have been drinking and feel that you may be over the limit  (.08 BAC) do not get behind the wheel of a car, even if the motor is not running. The law is APC or actual physical control, and the theory is that if you have the ability to operate the vehicle, by being behind the wheel and having the keys, then you are considered to be in actual physical control of the vehicle. If you had too much to drink dont take a nap  in the car, you can get a DUI for being asleep in the car too.  I remember one time a client had too much to drink, and decided to lock up her car and leave it at the bar, and ride home with friends.  She went out to lock up the car and get her purse, and as she opened the drivers side door with the keys in her hand, she was arrested and charged with DUI under the actual physical control law, and ended up being convicted.  If you had too much to drink, do not go anywhere near your car, and give the keys to someone else.

Be Safe Out There.

For more information on your legal matter, contact Scott and Fenderson PLLC, attorneys, at 727-321-0099, or visit our web site http://www.scottandfenderson.com

Comments

[PA DUI Attorney]

Great post! Yes, you absolutely can be charged with a DUI! If you look like you have the intent to get behind that wheel, you must be stopped before who knows what happens. The police have a duty to protect everyone, especially innocent lives, so please don't drink and drive!

[Nicole Vickers]

No point in tempting fate, after all. Staying behind the wheel shows an intention to drive. When intoxicated, it's best to stay in the backseat, or better yet, get a friend to be your designated driver.

[Stephen Schaunt]

It's a step toward the intent to drive, more or less. When a person is drunk, they're probably not in the best state of mind, and hanging around inside the car might give them some bad ideas. In the end, it's best to stay on the side of caution and sober up.