Many people are unaware that you can be given a ticket for DUI even if you have not begun to operate your vehicle. Drinking or doing drugs and then getting into the driver’s side seat of a vehicle to rest or take a nap can lead an officer to believe that you are planning to drive while under the influence. You may not have intended to operate the vehicle, but the officer will write you the ticket anyway.
Defending a Parked DUI Charge
Defending yourself against charges of DUI while in a parked car can be very complicated. It must be proven that you were not planning to operate the vehicle while under the influence. Some of the circumstances that may help your case are if:
- The seat was reclined (intent to sleep)
- The vehicle lights were not on
- The car was still in park (not drive or reverse)
- No keys were located in the ignition
- Individual not in driver’s seat of car
Learn more about DUI Arrest and Arraignment.
Ways to Avoid DUI Charges
Knowing how to avoid DUI charges while in a parked car can be very helpful in keeping yourself out of a potentially harmful situation. Some basic guidelines can be followed to help avoid any mistaken DUI tickets being given:
- Make sure you have a designated driver who will not be impaired
- Do not get into the front seat of a vehicle while under the influence
- Use the passenger side or back seats of the car to rest while impaired
- Do not use or place keys into the ignition of a vehicle, if you are impaired while inside the vehicle
Help from a DUI Lawyer
If you have been issued a ticket or have been falsely charged with a DUI while you were sitting in your parked car, then it is imperative that an attorney that specializes with this sort of case is contacted. An attorney can help defend you against criminal charges and ensure justice. This may include arguing some legal technicalities, such as stating a vehicle was not in motion, no drunk driving actually occurred, and that the police did not have probable cause to make an arrest for driving under the influence, given that a vehicle was parked.
Learn about DUI Charges and Penalties.
