We often think of DUI charges as the consequences of driving a vehicle while under the influence of alcohol or drugs. While this is often true, the vehicle need not be moving for charges to apply. Many defendants are surprised to learn that they can be charged with a DUI while in a parked car.
It may be possible to be charged with a DUI while sitting in a parked car, but only under specific conditions. Perhaps the most important factor in cases like this is the defendant’s “actual physical control” over the vehicle. This factor can be difficult to determine, as actual physical control may vary from case to case. You should speak to an attorney about your situation as soon as possible.
Receive a private, free case review from our Philadelphia DUI defense lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
Does a Vehicle Have to Be Moving to Be Charged with a DUI in Pennsylvania?
You might be surprised to learn that a person may be charged with a DUI even if they were in a parked vehicle. These charges may apply only under certain circumstances, and you should review those circumstances with your attorney.
Actual Physical Control
You must have actual physical control over the vehicle, even if it is parked, to be charged with a DUI. Multiple factors often demonstrate such control. Having the keys on your person, sitting in the driver’s seat, and sitting in the car with the engine running are only a few possible factors the police might point to.
The Supreme Court of Pennsylvania decided several key points regarding DUIs and actual physical control. The police must have evidence that the vehicle was moving or being operated by the defendant while they were intoxicated, but the vehicle need not be moving when the defendant is arrested. For this, the prosecution must have evidence that the defendant had actual physical control of the vehicle.
DUIs Involving Parked Cars
Your car does not have to be moving for the police to arrest you for a DUI. For example, if the police have reason to believe you are currently intoxicated and your car was very recently driven, they can arrest you for a DUI, only if you had actual physical control.
The police also need some evidence that you were driving the now-parked car. They may place their hands on the hood of your car to see if the engine is still warm. However, Pennsylvania case law states that simply having keys while seated in a parked car is insufficient to establish actual physical control. More evidence is likely needed, like being in the driver’s seat.
Common Scenarios of DUIs and Parked Cars
Many people are charged with DUIs in parked cars because they try to sleep off one too many drinks. You might sleep in your car after a party or night out at the bar with friends, only to be woken up by a police officer. It is also possible that you were in the car while intoxicated, but you were waiting for someone else to pick you up and take you home.
You may be charged if the police have evidence that you recently drove the car before or while falling asleep. A warm engine or witnesses who claims they saw you driving might be enough to warrant an arrest. However, merely being asleep in the car while intoxicated is not enough on its own to prove actual physical control.
How Can I Fight DUI Charges if I Was in a Parked Car?
It may be possible to fight your DUI charges with the help of a lawyer. The fact that the car was parked when you were arrested may play a significant role in your defense.
Lack of Actual Physical Control
Proving actual physical control may be harder than the prosecutor realizes. For example, if you were in the back seat or the keys were in the glove compartment where you could not reach them, we may be able to argue that actual physical control was not possible.
Mistakes by Law Enforcement
Our Pennsylvania DUI defense attorneys can also point to errors made by law enforcement during your arrest. Perhaps you were getting a ride home from the bar after you drove your car there earlier. The police might see you intoxicated while grabbing some personal items from your car before getting a ride home and incorrectly assume you were about to drive or had just driven the car. We can fight the charges by clarifying these errors.
No Evidence the Vehicle Was Driven
As mentioned before, the police need evidence that the vehicle was driven while the suspect was intoxicated. Being intoxicated inside a parked car, even while asleep, may help the police establish the probable cause they need, they may still need more proof of operation.
FAQs About DUI Charges in Parked Cars
Does a Vehicle Have to Be Moving for Someone to Be Charged with a DUI?
No. A defendant may be charged with a DUI if the car is parked. If the police have good reason to believe that the suspect is currently intoxicated, the vehicle was recently driven, and the suspect has actual physical control over the vehicle, they may be arrested and charged.
Can I Be Charged with a DUI in a Parked Car in Pennsylvania?
Yes. If the police believe someone is intoxicated and they recently drove a car that is currently parked, that person could be charged with a DUI. The police may have observed you driving before parking your car, or they may have encountered an intoxicated person in a parked car with a warm engine. Remember, actual physical control over the car’s movement is crucial and must be present for you to be charged.
What is “Actual Physical Control” in a DUI Case?
Actual physical control refers to a person’s ability to drive or otherwise control a car that they occupy. Actual physical control is often comprised of multiple factors, including, but not limited to, having the keys on your person, sitting in the driver’s seat, or having the engine running. Often, numerous factors are necessary to establish actual physical control.
How Can I Fight DUI Charges if I Was in a Parked Car?
One way to fight DUI charges involving a parked vehicle is the challenge the authorities’ evidence of actual physical control. People often sleep in their cars after drinking too much at a bar or club. If your keys were in the glove compartment and you were sleeping in the back seat, we may argue that you could not assert actual physical control over the vehicle.
What Evidence Do I Need to Fight a DUI in a Parked Car?
First, we should get evidence of your blood alcohol concentration from the police. If we have reason to believe your BAC measurements are inaccurate or faulty, we can fight the charges. Your testimony may also be crucial. If you testify that you were sleeping in the backseat and could not possibly exercise control over the parked vehicle, we might weaken the case against you.
Will I Go to Jail if I am Charged with a DUI in a Parked Vehicle?
Possibly. If you are convicted of the DUI, you could go to jail, depending on the grading of the charges. As such, you must contact a lawyer for help after you are arrested for a DUI, even if you were in a parked car when it happened.
Contact Our Pennsylvania DUI Defense Lawyers for Help Immediately
Receive a private, free case review from our Pennsylvania DUI defense lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
