DUI in a Parked Car — Can You Still Be Charged in San Diego?
You might think a DUI only applies when you’re driving down the road but in San Diego, that’s not entirely true. Even if your car is parked, you can still face DUI charges.
This can be confusing, especially if you believe that simply putting your keys down or parking legally keeps you safe from legal trouble. The truth is, California law focuses on control of the vehicle, not necessarily motion.
If you’ve been in a parked car while impaired, it’s important to understand when you can be charged, the penalties, and how to protect yourself legally.
What Counts as a “DUI in a Parked Car”?
In San Diego, you can be charged with DUI if you are in actual physical control of a vehicle while impaired. This doesn’t require the car to be moving. Examples include:
- Sitting in the driver’s seat with the keys in your hand
- Sleeping in a parked car while intoxicated with the keys nearby
- Attempting to start or move the car while impaired
- Using the ignition to power electronics while under the influence
Even if your car is legally parked, if law enforcement believes you could operate the vehicle, they may arrest you for DUI.
Why Being “Parked” Doesn’t Always Protect You
Many people assume that parking legally exempts them from DUI liability, but California courts have ruled that actual physical control is enough to trigger a charge. Courts look at factors such as:
- Are the keys in the ignition or easily accessible?
- Were you in the driver’s seat or in a position to drive?
- Were your actions consistent with planning to drive?
- Is the vehicle running, or could it be easily started?
If the answer to these questions suggests you could operate the car, a DUI charge is possible—even without movement.
DUI Charges for Sleeping in Your Car
Sleeping it off in a parked car is a common scenario. But if you are in the driver’s seat or have the keys nearby, police can charge you. Some officers may allow a few options, like:
- Asking you to move to the passenger seat
- Asking you to hand over the keys
- Detaining you if they believe you intended to drive
Refusing these requests or ignoring officers can complicate your case further.
Penalties for DUI in a Parked Car
The penalties for DUI in a parked car are generally the same as a regular DUI, depending on whether it’s a first offense or a repeat offense:
- Jail time (commonly 48 hours to 6 months, depending on circumstances)
- Fines ranging from hundreds to thousands of dollars
- Probation and mandatory DUI education programs
- Possible ignition interlock device requirements
- License suspension through California DMV
Even though your car didn’t move, the courts treat intoxicated control seriously.
Defenses for DUI in a Parked Car
Defending a DUI in a parked car often revolves around showing lack of control or intent to drive. Common defenses include:
- Keys were out of reach or inaccessible
- You were parked legally and had no intention to drive
- You were a passenger or otherwise not in control
- The car was immobilized in a way that made driving impossible
These defenses are nuanced and require an experienced attorney to present them effectively in court.
Don’t Assume You’re Safe Just Because You’re Parked
Many San Diegans make the mistake of thinking a DUI only happens on the road. Law enforcement and courts have been clear: control, not motion, matters. Even if your vehicle never moved, you could face severe legal consequences if authorities believe you could have driven.
Why You Need Rick Mueller
If you’ve been charged with a DUI in a parked car, you need someone who understands the nuances of California DUI law. Rick Mueller is a top-rated San Diego DUI attorney with extensive experience handling cases where drivers were charged while parked.
Rick Mueller can:
- Challenge the “actual physical control” claim
- Negotiate reduced charges or alternative sentencing
- Protect your license and future employment opportunities
- Navigate the DMV process alongside your court case
Contact Rick Mueller today to request a free consultation to protect your rights and your future.
DUI in a Parked Car — Can You Still Be Charged in San Diego?