If pulled over while my car is parked but running, can I get DUI?

My boyfriend was pulled over and parked car was running and cops showed up they wanted him to go to hospital he refused. They towed car and was asked to get a ride. He was not arrested. Can he still be charged with a DUI?

Asked on September 19, 2018 under Criminal Law, Pennsylvania

Answers:

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

Answered 2 years ago | Contributor

If a person is sitting in the driver’s seat when the is running, they can still be charged with DWI. The fact is that your boyfriend had contol of the car and could have driven off at any time, while under the influence. Accordingly, he can still be charged with DUI.


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