Everyone knows that driving under the influence is a serious offense, but not many people are aware that they can face a DUI charge even when they are not driving. Under California law, this scenario is a definite possibility.
Law enforcement can charge someone with a DUI even if they are not actively driving at the time of the encounter. It is important to understand how this can happen so you can avoid being on the wrong side of the law.
When can you get a DUI without driving?
California DUI law follows the concept of “actual physical control” of the vehicle. This means that even if a person is not driving, there are times when the law considers them in control of the vehicle. Several factors can lead to this type of DUI charge, including sitting in the driver’s seat with the keys in the ignition or nearby, even if the car is in a parked position.
For example, if someone decides to sleep in their car after drinking to avoid driving under the influence, they may still face a DUI charge. If the person sits in the driver’s seat with the keys in the ignition, the police may determine that the person had the intention to drive. In such cases, the police may believe the person poses a risk to public safety.
How does police judgment factor in?
Law enforcement officers use their judgment to assess whether someone has the potential to drive while under the influence. They may consider the location of the vehicle, whether it is on the side of the road, in a parking lot or in a driveway. They may also look at whether the person was awake or asleep, and whether the car was running.
In California, the best course of action is to avoid situations that could lead to a DUI charge. If you have been drinking, it is safest to stay out of the driver’s seat entirely. This can prevent misunderstandings and reduce the risk of facing serious legal consequences.