It is common knowledge that driving under the influence of alcohol or drugs is illegal. But, can you get a DUI in a parked car? Surprisingly, yes. While you might think it’s a good idea to “sleep it off” in your vehicle after consuming alcohol at a bar or party, it’s important to understand that doing so can lead to a DUI arrest. This is because the DUI laws cover the potential to operate a vehicle, regardless of whether you were driving.

Can You Be Charged with a DUI in a Parked Car?

The DUI laws don’t only apply to driving a vehicle. In some cases, you can also be charged with a DUI in a parked car. In Alaska, a DUI is defined as operating a vehicle under the influence of alcohol, an inhalant, or a controlled substance. However, courts in Alaska broadly define the operation of a vehicle to include “actual physical control.”

In other words, if you simply have the ability to operate the vehicle, you can face DUI charges — even if you were not driving it at the time you were approached by law enforcement. To determine whether you were in “actual physical control” of the vehicle, the police would look at various factors. For instance, sitting behind the wheel with the engine running may be considered actual physical control for the purpose of a DUI charge.

What are the Penalties for a DUI in a Parked Car?

The penalties for a DUI in a parked car are just as serious as those that would be imposed if you were driving the vehicle. A first DUI offense, whether you were driving or parked, can be charged as a misdemeanor. You may face a minimum sentence of 72 hours in jail and be required to pay a $1,500 fine. In addition, your license would be revoked for 90 days or more, and you would be required to use an ignition interlock device once you get your driving privileges back.

The penalties for a second DUI offense increase to 20 days in jail and a $3,000 fine. A third DUI can carry a 60-day jail sentence and a $4,000 fine. A third or subsequent DUI within ten years can be treated as a felony — in these cases, a minimum mandatory jail sentence of 120 days and a $10,000 fine is imposed. While you could also lose your license for life, you may be able to reduce the revocation period to 18 months with the help of a lawyer.

What are the Defenses to a DUI in a Parked Car?

If you are facing charges for a DUI in a parked car, a skillful DUI attorney can evaluate your case and develop a solid defense strategy. Some common defenses that can be used in cases involving a DUI in a parked car can include the following:

• Lack of actual physical control of the vehicle — The primary factor in determining a DUI in a parked car is actual physical control of the vehicle. If your keys were not in the ignition or in an area accessible to you, it can be used to demonstrate that you did not intend to drive. Being on the passenger seat or in the back seat may also be used as evidence to show you were not in control of the vehicle.
• Lack of probable cause — In order to make an arrest for a DUI in Alaska, law enforcement must have probable cause that you were operating a vehicle under the influence of alcohol. If the officer did not see you driving, this may be a viable defense.
• Constitutional violations — If the police officer violated your Constitutional rights pursuant to the DUI arrest, any evidence obtained as a result can be suppressed and weaken the prosecution’s case against you.
• Disputing the reliability of the field sobriety tests — There are many reasons why the results of a field sobriety test may be disputed. For example, environmental factors, discrepancies in the officer’s observations, incorrect instructions, or medical conditions can make these tests unreliable.
• Challenging the breathalyzer test results — Breathalyzer test results can be challenged if the officer was not properly trained to administer the test, the device was not properly calibrated or maintained, or you were taking certain medications that could mimic the effects of alcohol.

The facts and circumstances surrounding every DUI matter are unique. It’s essential to have a knowledgeable DUI attorney by your side who can evaluate your case and mount a solid defense.

Contact an Experienced Alaska DUI Attorney

If you’ve been arrested for a DUI in a parked car, it’s vital to have a skillful DUI attorney by your side who can protect your rights and fight to secure the best possible outcome in your case. Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Fairbanks, Juneau, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, is committed to representing clients for a broad scope of criminal matters, including DUIs. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.