Can You Be Charged with a DUI if You Weren’t Driving?

Many people assume that to be charged with driving under the influence (DUI), you must be actively operating a vehicle. However, this common misconception can lead to serious legal consequences.

In Pennsylvania, you can be charged with a DUI even if you weren’t physically driving at the time of your arrest. Here’s how you might find yourself facing charges without ever turning the key in the ignition.

DUI Laws in Pennsylvania

To grasp how non-driving DUI charges work, it’s crucial to understand the basics of DUI laws in Pennsylvania. DUI stands for driving under the influence, which typically refers to operating a vehicle while impaired by alcohol or drugs. However, the legal definition extends beyond just driving.

In Pennsylvania, the law focuses on two key elements for a DUI charge: (1) being in control of a vehicle, and (2) being under the influence of alcohol or drugs. Notice that “driving” isn’t explicitly mentioned. This broader interpretation allows law enforcement to charge individuals in situations where they believe there’s a risk of impaired driving, even if the vehicle isn’t moving.

What Is Actual Physical Control?

Central to non-driving DUI cases is the concept of actual physical control. This legal term refers to a person’s ability to operate a vehicle, regardless of whether they’re actually driving at the time. Courts consider a few things determine if someone has actual physical control, such as the person’s location in the vehicle, the location of the keys, and whether the engine is running.

For example, if you’re found sleeping in the driver’s seat with the keys in the ignition, you could be considered in actual physical control of the vehicle. The reasoning is that you could easily wake up and start driving while still under the influence.

Scenarios Where You Can Be Charged with DUI Without Driving

Several situations can lead to DUI charges without actual driving:

Sleeping in Your Car While Intoxicated

One common scenario is sleeping in your car after drinking. You might think you’re making a responsible choice by not driving, but you could still be charged if you’re in the driver’s seat with access to the keys.

Sitting in the Car with the Engine Running

Another situation is sitting in the driver’s seat with the engine running, even if you’re just trying to stay warm or charge your phone. From a law enforcement perspective, this shows intent to drive and puts you in control of the vehicle.

Loitering in Your Vehicle in a Parking Lot

Parking lot scenarios can also lead to charges. If you’re moving your car to a different parking spot or even just turning on the engine to listen to music, you could be considered in control of the vehicle and subject to DUI laws.

How Do Police Decide to Charge You with a DUI if You Weren’t Driving?

When assessing a potential non-driving DUI situation, law enforcement officers look at several factors:

• If the keys are in the ignition or easily accessible, it suggests you have control over the vehicle.
• Sitting in the driver’s seat is more likely to lead to charges than being in the back seat.
• The state of the engine is another consideration. A warm engine might indicate recent driving, even if you’re not currently behind the wheel.

Officers will also consider the overall circumstances. Are you in a bar parking lot at closing time? Is the vehicle in drive or park? These details can influence an officer’s decision to make an arrest.

Potential Defenses for Non-Driving DUI Charges

If you’re charged with a DUI even if you weren’t driving, several defense strategies may be available, such as:

Lack of Intent

One approach is to argue a lack of intent to drive. For instance, if you can prove you had alternative transportation arranged or were waiting for a sober driver, it might challenge the assumption that you intended to drive.

You Weren’t in Control of the Vehicle

Another defense focuses on insufficient evidence of control. This could involve questioning whether you indeed had access to the keys or arguing that your position in the vehicle didn’t constitute control.

Challenging Evidence

Challenging the officer’s observations can also be effective. Police reports may contain inconsistencies or fail to consider important factors that explain your situation.

 The Importance of Legal Representation

Given the complexities of non-driving DUI cases, it’s crucial to seek experienced legal representation if you’re facing charges. A knowledgeable DUI attorney can evaluate the specifics of your case, identify potential defenses, and work to protect your rights throughout the legal process.

An attorney can also help you understand the potential consequences of a DUI conviction, which can include fines, license suspension, and even jail time. They can guide you through options like plea bargains or diversion programs that might be available.

Charged with a DUI When You Weren’t Driving? Call Our Lawyers Today

While it may seem counterintuitive, actions you might consider responsible – like sleeping off drinks in your car – could potentially result in DUI charges.

Don’t let a misunderstanding of DUI laws jeopardize your future. If you’re dealing with a non-driving DUI charge in Pittsburgh or the surrounding areas, take action now to protect your rights and explore your legal options.

Call Worgul, Sarna & Ness today at (412) 483-1802 or contact us today for a free case evaluation.