Can You Get a DUI While Parked in Arizona?

Published by The Weingart Firm, PLLC. Mark N. Weingart, board-certified criminal law specialist.

If your vehicle is parked, you may assume that you can’t be charged with driving under the influence (DUI) since you aren’t technically operating the vehicle. However, in Arizona, you can still face DUI charges even if the car is turned off and parked if you are sitting behind the wheel with the keys accessible. Please continue reading to learn how DUI laws apply even when a vehicle is not moving, what “actual physical control” means, and how an experienced Tempe DUI Lawyer can help you navigate your legal options. 

Can I Get a DUI While Parked?

Contrary to popular belief, you can get a DUI while parked in Arizona as long as you were in “actual physical control” (APC) of the vehicle while intoxicated. Essentially, if you were able to operate or move the vehicle, you could still face DUI charges. Law enforcement determines APC  based on the “totality of circumstances,” including key accessibility, engine status, and motorist position. Common indicators of APC include:

• Keys: Are the keys in the ignition or in the driver’s possession? 
• Engine: Is the vehicle running, or are the headlights on? 
• Location of the Driver: Is the motorist in the driver’s seat? 
• Location of the Vehicle: Where is the vehicle parked?
• Temperature Control: Is the heater or air conditioning on? 

Can You Be Charged If You Were Sleeping in Your Car?

Many assume that voluntarily pulling over to sleep is reasonable, but being found in the driver’s seat while intoxicated, even with the engine off and keys accessible, can be considered APC and lead to a DUI charge. Additionally, sleeping in the driver’s seat with the keys in your immediate possession can result in charges. To mitigate the risk of a DUI, you should move to the back seat and remove access to keys. Arizona courts will assess whether you posed a potential danger to road users. 

What Defenses May Be Available?

If you’ve been accused of a parked DUI, the defenses available will depend on the unique circumstances of your case. Common defenses include:

• Lack of APC: If the engine was off, the keys were not in the ignition or in your possession, and you weren’t located behind the wheel, you may argue you were not in control of the vehicle. 
• Shelter Defense: This defense requires proving you were simply utilizing the vehicle to “sleep it off” and had no intent to drive. 
• Lack of Probable Cause: You may be able to challenge the initial stop. 
• Chemical Testing: In some cases, you may be able to dispute the BAC test results. 

At The Weingart Firm, PLLC, we are prepared to help you explore potential defenses. Connect with our firm today to schedule a consultation.