When most people think of a DUI (Driving Under the Influence) arrest, they picture someone swerving on the highway or being pulled over at a checkpoint. But what if you’re just sitting in your car—parked, not driving? Can you still be charged with a DUI in California? The short answer: yes, you can. But it’s more complicated than that.
In this article, we’ll break down everything you need to know about DUI charges while parked in California, including what the law says, how prosecutors prove “driving,” real case examples, and what you should do if you’re in this situation.
Understanding California DUI Law
Under California Vehicle Code § 23152, it is unlawful for a person to:
Drive under the influence of alcohol and/or drugs; or
Drive with a blood alcohol content (BAC) of 0.08% or higher.
The key word here is “drive.” But how does California define “driving” when your car isn’t even moving?
In California, courts have ruled that “driving” doesn’t necessarily mean operating a moving vehicle. Instead, it can be interpreted more broadly to include actions that show intent or capability to operate a vehicle while intoxicated.
Can You Get a DUI While Parked?
Yes, you can be charged with a DUI in California even if your vehicle is not in motion at the time police arrive. But it depends on several factors:
1. Location of the Car
Is the car on a public road or parked in a private driveway?
Are you pulled over on the side of the freeway?
Were you parked in front of a bar or liquor store?
The more accessible to public roads your vehicle is, the more likely the police or prosecution may argue you had intent to drive.
2. Engine On or Off
If the engine is running or warm, this could suggest that you were driving recently—or intended to.
3. Where You Were Sitting
Were you in the driver’s seat? Were you asleep in the back seat? Sitting behind the wheel is often interpreted as control over the vehicle.
4. Vehicle Keys
Were the keys in the ignition? In your hand? On the dashboard? Courts often use the location of the keys as evidence of intent to drive.
5. Admissions or Statements
Did you tell the officer you were “just waiting to sober up” or “only drove a little bit”? These kinds of statements can be used as self-incrimination.
How Prosecutors Prove DUI Without Seeing You Drive
Since DUI requires proof of driving, prosecutors must piece together evidence when you’re found parked. Common types of evidence used include:
Witness Testimony: Someone saw you drive before parking.
Police Observations: Warm engine, tire tracks, or vehicle in a hazardous spot.
Security or Dashcam Footage: Proving the car moved recently.
Driver’s Admission: Statements made to officers about recent driving.
California courts allow circumstantial evidence to prove driving, meaning you don’t have to be seen driving to be convicted of DUI.
Real-Life Examples from California Cases
1: Parked But Guilty
A man was found asleep in his car on the side of the highway. Engine off, lights out. But the engine was still warm, and he admitted he had “just pulled over.” He was convicted of DUI.
2: Not Guilty Due to Lack of Evidence
A woman was found asleep in her car in a parking lot. Keys were not in the ignition. No signs the car had moved recently. The prosecution couldn’t prove she drove the vehicle while intoxicated. Case dismissed.
Sleeping It Off in Your Car? You Could Still Be at Risk
Many people think they’re doing the responsible thing by “sleeping it off” in their car. While well-intentioned, this can still be risky:
If you’re in the driver’s seat with keys accessible, it could imply intent to drive.
If you’re in a parked car on a public road or parking lot, police can still legally approach and investigate.
Safer Options:
Use a ride-sharing service.
Sleep in the back seat with the keys outside the car.
Call a friend or stay at a hotel.
None of these are foolproof legal defenses, but they can reduce your risk.
Penalties for a DUI in California
Whether you’re found driving or parked, DUI penalties in California are severe, including:
First Offense: Up to 6 months in jail, fines, license suspension, DUI school, and possible ignition interlock device.
Second Offense: Mandatory jail time, longer license suspension, higher fines, longer DUI education.
Third or Subsequent Offenses: Felony charges, significant jail or prison time, and permanent license revocation in some cases.
Being charged while parked won’t save you from these penalties if prosecutors prove you were in “actual physical control” of the vehicle while intoxicated.
Legal Defenses to a Parked DUI Charge
An experienced DUI defense attorney can raise several defenses depending on the details of your case:
No Proof of Driving: Police didn’t see you drive, and no one else can confirm it.
Improper Police Conduct: No probable cause to investigate or search.
Rising BAC Defense: Your BAC was under the limit while driving but rose after you parked and drank more.
Lack of Intent: You had no intent to move or drive the vehicle.
Each case is unique. Even if you think the evidence is stacked against you, you may have more legal options than you realize.
What To Do If You’re Arrested for DUI While Parked
If you find yourself facing a DUI charge while your car was parked, here’s what you should do immediately:
Do not admit anything to the police. Even saying “I just pulled over” can be used against you.
Remain calm and cooperative but avoid self-incrimination.
Request an attorney immediately.
Do not agree to field sobriety tests voluntarily—they are often subjective and used to build a case against you.
Contact a trusted DUI defense lawyer with experience in parked vehicle cases.
Call Southwest Legal for Expert DUI Defense
Being arrested for DUI while parked is confusing, stressful, and deeply unfair in many situations. But you don’t have to face it alone. At Southwest Legal, our experienced California DUI attorneys understand the complexities of these cases and know how to challenge weak or circumstantial evidence. Let us help protect your rights, fight for your license, and work toward reducing or dismissing your charges. 📞 Call us today for a free consultation. Don’t wait. The sooner you act, the better your chances.
