can u receive a DUI while in a parked car with the engine off?

We were parked outside a restaurant
getting ready to go in the engine was
off and an officer knocked on stating
he received phone calls that driver was
swerving in and out of traffic but
never wittnesed it himself.

Asked on May 24, 2016 under Criminal Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Different states have different DUI laws. In most, however, having actual physical control of a car is enough to be arrested for a DUI if the person is found to be legally intoxicated. They need not be actually driving at the time; having actual physical control is enough. Note: Actual physical control means having the present capability to set the car in motion (e.g. having the keys). At this point you should consult directly with a DUI attorney in your area; they can best advise further.


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