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Can You Get a DUI/DWI Without Driving?

Can you get a DWI/DUI without actually driving your car down the street? It seems crazy, but the answer is yes. For example, there have been cases of individuals who were intoxicated, and wanted to sleep in their car instead of drunk driving. In these cases, individuals may place their keys in the ignition to regulate the temperature or even play music with no intention of driving, but still receive a DWI/DUI. Some drivers aren't even sure why they've been busted.

If you're not "driving" under the influence, how can you be convicted? Florida lawyer David Haenel has defended many of these cases, and says that these drivers are usually convicted by the legal precept of "actual physical control" of any vehicle. According to Haenel, these laws are identical across the nation.

Actual physical control, by definition, means the defendant must physically be in or on the vehicle to have the capability to operate the vehicle, regardless of if he or she operated the vehicle at the time.

Across America, drivers have been found asleep in their vehicles, usually heavily intoxicated, and are stunned to find a police officer knocking on their car window. When an officer encounters a driver who appears incapacitated, a field sobriety test is pretty much routine.

If the driver is convicted of a DWI/DUI under these circumstances, the same rules and penalties apply as for a DWI/DUI conviction involving "actual" driving." The driver will lose their license for a period and be expected to attend DWI/DUI classes. A heavy fine is usually incurred as well, and the driver usually experiences a heavy spike in their auto insurance prices.

How do you avoid these charges you may ask? The simple and obvious answer is to not drink to begin with, or arrange alternate transportation with a designated driver. The best way to avoid an instance of DWI/DUI without driving, according to Haenel, is to "get rid of the car keys, put them underneath the passenger side tire or in the trunk, but most don't think of that until they're in handcuffs."

If you or someone you know has been charged with a DWI/DUI under the "actual physical control" law, an experienced lawyer can help. You can also order a free copy of our DWI/DUI Special Report that can help you before you make a mistake that could hurt your case.