Can you get a DUI without driving?

In all state criminal statutes, the offense of driving under the influence, or DUI, is clearly defined in some fashion or form. However, these statutes often fail to account for certain exceptional situations in many cases, and in turn, the legality of certain actions is often determined by case law applicable to a given state. With this in mind, the reality of DUI charges without actually driving the vehicle are a very real criminal offense in most states. While state laws will vary specifically on what constitutes “driving”, the bulk of states adhere to the ideas of “in physical control” and “motor running”.

In essence, if a driver is in physical control of a vehicle that is operational (with the motor running or vehicle in motion) the driver can be charged with DUI. Therefore, even if a driver is parked, but sitting in the driver’s seat with vehicle turned on, he or she still may face charges of DUI. In reality, cases such as these hinge on two critical elements, the applicable state laws and case law concerning similar DUI cases and the case-specific elements of the individual case being considered. The last element is critical and where a DUI lawyer can be of the most help to a person charged with a DUI while not driving.

If you have been charged with DUI , but were not physically driving the vehicle or the vehicle was not in motion, consult with a DUI lawyer to learn more about your legal rights and options today.