Can I be convicted of DUI if Im not driving the vehicle?
It is not necessary to be driving a vehicle to be considered “in actual physical control” for purposes of Pennsylvania’s DUI Statute. Oftentimes intoxicated persons believe that it is legal and responsible to sleep-off an intoxication while inside a vehicle. Unfortunately, the same persons find themselves arrested for DUI because they were considered “in actual physical control” of the vehicle. These very same persons often are charged with DUI because they are proven to be in actual physical control of the vehicle while intoxicated.
