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Is there a dui for sitting in a parked car and no keys in the ignition?
Question:
Is there a dui for sitting in a parked car and no keys in the ignition?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
A common questioned posed to DUI an attorney in all fifty states includes “Is there a dui for sitting in a parked car and no keys in the ignition?” In short, the answer is yes; a person can be charged with DUI for virtually any conduct involving a motor vehicle while intoxicated. However, whether a given charge will stand up in court will depend on the very specific circumstances of the individual case, and in certain instances, the specific nature of the applicable state DUI laws.
For example, most DUI cases hinge on proving a defendant was a) intoxicated and b) while in control of a motor vehicle. The majority of DUI defenses involving probing the validity of the prosecutor’s claim of intoxication, rather than the element of control. However, in a case involving a parked car, the defense should focus on questioning whether the defendant was actually in control of the vehicle. More often than not, control often requires proving the ability to control the vehicle, such as the keys in the ignition. However, even cases where the keys were not in the ignition have been tried, leading to conviction for DUI in certain states. In short, the main emphasis of a DUI defense in these cases should be over the issue of “control of a motor vehicle” and what exactly constitutes “control” in a given state, in light of applicable DUI laws.
In any case, having the insight and representation of a DUI defense lawyer will prove immensely beneficial in presenting any DUI defense. For more information and insight, consult with a DUI lawyer in your state today.
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