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Can you be charged with drunk driving without driving?

On Behalf of | Nov 25, 2024 | DUI

You might think that drunk driving charges only arise if you are driving the vehicle, but that’s not necessarily the case. You can still be charged with driving under the influence (DUI) even if your car isn’t moving.

If you’re in control of the vehicle or have the potential to make it move, that’s enough ground for a DUI charge. For instance, simply sitting in the driver’s seat can be considered operating a vehicle as long as you have your keys on you – even if they are not in the ignition. 

Similarly, waiting in your parked car for a ride could lead to trouble if you’ve been drinking. The whole idea behind this law is to prevent risky situations before they escalate. A drunk driver behind the wheel may be seen as a public safety concern, even if it wasn’t your intention to drive.

Avoiding a DUI charge while parked

The best way to avoid trouble with the law is to stay out of the driver’s seat altogether if you’ve been drinking and need to wait in your car. Sit in the backseat or the passenger side, and keep your keys out of reach. Store them in the glove box or give them to someone else. Better yet, wait elsewhere other than inside your vehicle.

Planning for such situations can also save you a lot of trouble and protect your safety and other road users. Use rideshare apps, designate a sober driver or arrange for a taxi beforehand.

Should you face DUI charges, seeking legal assistance can help you understand your options and protect your interests. Remember, the specifics of your case matter and will influence its outcome, which necessitates qualified personalized guidance.

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