In many states, you can face DUI charges even when the car is not moving. States use a standard of “actual physical control.” A person who is sitting in the front seat of a car with the keys in the ignition, for example, can be said to be in control of the car, even if it is not moving at the time.
However, California uses a different standard. The state needs to see “volitional movement of the vehicle.”
2 key details regarding DUI charges
The first thing to keep in mind is that the amount of movement does not have to be significant. Many people imagine getting pulled over while driving down the interstate, for example, and that certainly is how a lot of DUI arrests happen. But someone could also face charges for something as simple as moving their car within a parking lot, if a police officer sees this movement and determines that they were impaired.
Additionally, the police can sometimes assume that this movement recently happened. If a person has stopped on the shoulder of the interstate, for example, their car is technically not moving. But it is clear from the position of the vehicle, the warmth of the engine, the flow of traffic and other key details that this person was just driving that car. They could still face DUI charges, even though the vehicle is not technically in motion when the police officer first sees them.
A DUI charge can have a major impact on your life, leading to a license suspension, incarceration, financial fines and other ramifications. Be sure you know what legal defense options you have.