Can You Be Charged with a DUI While Parked

It may come as a surprise to many drivers, but you can be charged with a DUI even if your vehicle is parked. While DUI—driving under the influence—suggests actual movement of a vehicle, laws in many states are written more broadly to prevent impaired individuals from being in control of a vehicle under any circumstances.

So, can sitting in your car with the engine off still result in a DUI charge? The answer depends on several legal factors, including the concept of “actual physical control.”


What Is “Actual Physical Control” of a Vehicle?

Most U.S. states follow a legal principle called actual physical control, which means you can be charged with DUI even if you’re not driving, but you have the ability or potential to operate the vehicle while impaired.

Here’s what courts often consider:

  • Are you in the driver’s seat?

  • Are the keys in the ignition or within reach?

  • Is the engine running or recently turned off?

  • Where is the vehicle located (e.g., parked on a road, in a parking lot, or off-road)?

  • What is your intent—are you sleeping it off or trying to drive?

If police determine that you were in control or close to being in control of the car while intoxicated, they can arrest you for DUI—even if the car wasn’t moving.


Common Scenarios Where a Parked DUI Arrest Can Happen

1. Sleeping It Off in the Driver’s Seat

A common mistake is thinking it’s safe to sleep in the car after drinking. If you’re behind the wheel—even if the engine is off—and appear intoxicated, police can assume you had the intent or ability to drive.

2. Engine Running for Warmth or Air Conditioning

If the engine is on, it’s easier for prosecutors to argue you were in control of the vehicle. Many DUI cases have stemmed from people sitting in parked cars with the engine running to stay warm or cool.

3. Pulled Over on the Side of the Road

Even if you pulled over to be safe, being found on the side of a road or highway while intoxicated behind the wheel could still result in a DUI arrest.

4. Keys Within Reach

Even if the engine is off, having the keys in your lap or nearby can imply intent to drive. In some cases, keys in the ignition are considered the strongest evidence of physical control.


How Officers Determine DUI While Parked

Police rely on several observations to determine whether to arrest you:

  • Physical signs of intoxication (slurred speech, smell of alcohol, glassy eyes)

  • Behavior or admission (e.g., saying you were “just resting” before driving)

  • Positioning in the car (driver’s seat vs. back seat)

  • Vehicle condition (warm hood, recently driven)

Field sobriety tests or breathalyzer exams may still be conducted even if you’re not moving.


Penalties for DUI in a Parked Vehicle

If you’re convicted, the penalties are generally the same as for a moving DUI:

  • License suspension

  • Fines and court costs

  • Probation or jail time

  • Mandatory alcohol education or treatment programs

  • Ignition interlock devices

Repeat offenses or aggravating factors (like having a child in the car) can lead to harsher consequences.


Can You Defend Against a Parked DUI Charge?

Yes, but it requires a strategic defense based on specific facts. A DUI attorney may argue:

  • You weren’t in actual physical control

  • You had no intent to drive

  • You moved the car to a safe location

  • The car was undrivable or had mechanical issues

  • You were in the back seat or passenger side

Supporting evidence such as surveillance footage, witness statements, or mechanical reports can help.


Tips to Avoid a DUI While Parked

  1. Don’t sit in the driver’s seat if you’ve been drinking—even if you have no intent to drive.

  2. Don’t start the engine while intoxicated unless it’s an emergency and you’re calling for help.

  3. Stay in the back seat and lock the front doors to reduce the appearance of control.

  4. Call a ride service, friend, or family member if you can’t safely drive home.

  5. Know your state’s laws, as interpretations of physical control vary widely.


Conclusion

Yes, you can be charged with a DUI while parked, even if you never put the car in gear. DUI laws are designed to prevent impaired driving, and being in or near control of a vehicle while intoxicated can be enough for a charge. The safest option is to never enter your car if you’ve been drinking—call for a ride or wait it out somewhere else.