Can you get a DUI while sitting in the drivers seat of a parked car?
A.In short, you can be charged with driving under the influence if sitting in the drivers seat of a parked car. This is a very complicated and fact specific area of law requiring the expertise of an experienced criminal defense attorney. The relevant Pennsylvania statute defines DUI as a person who drives, operates, or is in physical control of a motor vehicle while under the influence of alcohol or other impairing substance. The statute does not define the terms operate or physical control. There is precedent, however, where the court has upheld a DUI conviction when the defendant was found sleeping behind the wheel of a parked, but running, vehicle in a restaurant parking lot. A criminal defense attorney will examine the facts of your case, apply them to the applicable laws and precedent, and provide the best possible defense available to you.
