Can You Receive a DUI Charge in a Parked Car?

Many people believe they can only be charged with Driving Under the Influence (DUI) if they are actually operating a motor vehicle. But this is not necessarily the case. You may be surprised to learn that in Utah, an individual can be charged with DUI even if the vehicle is not in motion.

Factors That Establish “Actual Physical Control”

Utah law incorporates a concept called “actual physical control” of a vehicle, which means an individual can be charged with DUI if they are in a position and have the means to operate the vehicle, even if they were not driving at the time of the arrest. Courts evaluate various factors to determine whether an individual was in actual physical control of a vehicle.

Where Was the Defendant Sitting?

A person is more likely to be found to be in actual physical control of the vehicle if they were seated in the driver’s seat. Conversely, someone who is intoxicated but sitting in the back seat is less likely to be charged with DUI in a parked vehicle.

Where Were the Keys?

A defendant who was found with the keys in the ignition and the vehicle running will likely be charged with a DUI. Similarly, an individual may be charged with a DUI if the keys were in their pocket. However, if the keys were out of the defendant’s reach, the defendant could argue they should not be convicted of DUI because they did not have the means to operate the vehicle.

Was the Engine Running?

An individual is more likely to be charged with DUI if they are seated in the driver’s seat with the keys in the ignition and the engine running, even if the vehicle was in park.

What Was the Defendant's Condition?

A person who was asleep in a parked car with the engine off, particularly if the keys were not in the ignition, is less likely to be charged with DUI.

Where Was the Vehicle Parked?

Prosecutors will point to the circumstances of the arrest to prove a defendant was driving under the influence. For example, if you were found under the influence in a vehicle parked on the side of an interstate highway, prosecutors will infer that you drove there while you were intoxicated.

Charged with DUI Without “Operating” a Vehicle

As you can see, there are several situations in which a person could be found to be in actual physical control of a vehicle, even if they were not “operating” the vehicle at the time of their arrest. Suppose you decide to pull to the side of the road to “sleep it off” but leave the car running, using the air conditioning to keep the passenger compartment cool on a hot day, or to run the heater on a cold day. You may think you are acting responsibly. However, if you are in the driver’s seat with the keys in the ignition and the vehicle running, you could find yourself facing DUI charges.

How to Avoid a DUI in a Parked Car

You are more likely to avoid a DUI charge if you are not in the driver’s seat, the engine is not running, and if you were asleep when the officer found you. If you were charged with DUI in a parked car, the DUI defense attorneys at Douglas D. Terry & Associates can fight to help you avoid a conviction.

What To Do If You Were Charged with DUI

If you were charged with DUI in Utah, it is important to treat the charges seriously, as the consequences of a conviction can be severe.

1. Do not resist arrest, and do your best to comply with the officers without forfeiting any of your rights.
2. Make note of the circumstances of the arrest, including where you were, where you were going, whether you were drinking and if so, what and how much.
3. Contact a DUI defense attorney as quickly as possible.

How a DUI Attorney Can Help

Navigating a DUI charge can be challenging and frustrating, but you are not alone. Douglas D. Terry & Associates has been representing people charged with DUI and other crimes in Southern Utah since 1983. We know Utah law and have unparalleled experience helping people facing criminal charges by providing them with their best defense. We offer the time-tested advice, guidance, and advocacy that only an experienced law firm can provide.

Contact Douglas D. Terry & Associates Today

Douglas D. Terry & Associates is the longest-serving criminal defense firm in St. George and represents people throughout Southern Utah who were charged with crimes. Contact our office to schedule a confidential appointment to discuss your situation and how we can help. Call (435) 628-4411, send a message to email@SouthernUtahDefense.com, or complete our online form.