Many people believe they are safe from a DUI charge if they do not drive. In Pennsylvania, that is not always true.
Depending on the situation and the officer’s judgment, you can still face DUI charges while sitting in a parked car.
What does the law say about parked cars and DUIs?
Pennsylvania’s DUI law prohibits being in actual physical control of a vehicle while under the influence of alcohol or drugs. The law does not say a person must be driving at the time. That means sitting in the driver’s seat of a parked car can lead to a DUI if other facts suggest an intent or ability to drive.
Several factors influence whether a court considers someone in physical control. These include whether the engine is running, the location of the parked car, the location of the keys and whether the person appears to be trying to sober up or go somewhere. For example, a person found asleep behind the wheel with the keys in the ignition may face charges, even if the car never moves.
How can you defend yourself against a parked car DUI?
The Pennsylvania courts look at the total circumstances. A car parked legally with the driver in the back seat and no keys nearby may not result in a DUI charge. However, a person sitting in the front seat with the engine on, even for heat or air conditioning, increases the chance of a DUI arrest.
To avoid this situation, you should avoid sitting in the driver’s seat of a vehicle after drinking, especially with the engine running. Even without movement, the law may still treat the situation as a DUI.
Sitting in a parked car while impaired can carry serious consequences. These may include license suspension, fines, mandatory programs and even jail time. Understanding what the law considers actual physical control will help you stay out of legal trouble.