Can I Get a DUI Even If I’m Not Driving?

You weren’t behind the wheel. You were just sitting in your parked car after a few drinks. No harm done, right?
‍

So why are police charging people with DUIs even when the car isn’t moving?
‍

If you’re asking:
‍
“Can I get a DUI if the car wasn’t moving?”
“Is it illegal to sleep in my car drunk?”
“What if I was just trying to sober up?”
‍

You’re not alone — and the law isn’t as clear-cut as you might think. Let’s break it down.

Wait… Is It Really a DUI If I Wasn’t Driving?

In many U.S. states, yes.
‍‍

You can be charged with DUI or DWI even if your car is parked — if law enforcement believes you were in “actual physical control” of the vehicle while intoxicated.
‍

What does “actual physical control” mean? It varies, but it usually includes:
‍

• Sitting in the driver’s seat
  
  
• Having the keys in the ignition or nearby
  
  
• Engine running (even just for heat or AC)
  
  
• Parked on or near a roadway
  
  

So if the officer thinks you could have driven, or were preparing to, that might be enough for a DUI charge.

Real Example: Intent Can Still Get You Charged

Let’s say Jake had a few drinks at a friend’s place and didn’t feel safe to drive. He decided to sleep it off in his car, engine running to stay warm. He never moved the vehicle.
‍

But the car was parked near a main road, and when police checked on him, he was slouched in the driver’s seat with the engine running. Even though he had no intent to drive, the court still ruled he was in “actual control”  and he was convicted of DUI.

Step-by-Step: What to Do If You’re Caught in a Parked Car While Intoxicated

1. Stay calm and say as little as possible.

You have the right to remain silent. You do not have to admit you were planning to drive.

2. Don’t leave the engine running.

Even if it’s cold — having the engine on makes it much easier to be charged.

3. Avoid the driver’s seat.

Being in the back seat or passenger side shows less “control” of the vehicle.

4. Don’t hand over your keys unless required.

In some states, police can use the fact that you had easy access to your keys as evidence.

5. Contact a DUI lawyer right away.

Even if you didn’t intend to drive, you’ll want someone who can argue your side in court — and challenge the assumptions being made.

What States Have Stricter DUI Laws for Parked Cars?

Some states are tougher than others. For example:
‍

• Arizona, Michigan, Pennsylvania: Known for interpreting “actual physical control” broadly — meaning you can be charged even if the car never moves.
  
  
• California, New York: More likely to consider the intent to drive and the circumstances around the incident.
  

Every state is different — and courts look at the total situation. That’s why you should never guess your way through a DUI case.

What If I Was Just Sleeping in My Car?

You can still be charged with DUI, even if your goal was to sleep it off and stay safe.
‍

But:

• If your engine was off
  
  
• You were in the back seat
  
  
• Keys were far from reach
  
  
• You were parked legally
  …you’ll have a much stronger defense.
  
  

Still, you’ll need legal guidance to help make your case.

Don’t Try to Navigate DUI Laws Alone

If you’re facing a DUI charge — even if you weren’t driving — the consequences are serious. Fines, license suspension, criminal record, and even jail time could be on the table.
‍

🛑 Don’t try to explain or defend yourself without legal advice.
‍

Visit Lawggle.com and use MatchBot to instantly get matched with a DUI lawyer based on your location, urgency, and case details.
‍

Lawggle is North America’s AI-powered lawyer matcher — trusted by people who needed answers fast after using tools like Google or ChatGPT. You answer a few questions, and MatchBot does the rest.

FAQ

Can I get a DUI if my car was parked and I wasn’t driving?
Yes. In many states, you can be charged if you were in “actual physical control” of the vehicle while intoxicated.
‍

What if I was sleeping in the back seat with the engine off?
That may help your case. But it doesn’t guarantee you won’t be charged — it depends on your state’s laws and how the officer interprets the situation.
‍

Is it better to sleep in my car than drive drunk?
Yes — but you should still take precautions: engine off, keys out of reach, and avoid the driver’s seat.
‍

Do I need a lawyer even if I wasn’t planning to drive?
Absolutely. A DUI charge can carry serious consequences, and you’ll need someone who understands your state’s laws and can build a proper defense.