CAN I GET A DUI IF I’M JUST SITTING IN MY CAR?
That’s depends on the specific circumstances. The law requires that your vehicle must be in motion in order to be found guilty of DUI. But it’s important to understand that the police can arrest you for a crime even if they don’t have enough evidence to convince a judge or jury that you’re guilty. This is because the police only need “probable cause” in order to make an arrest. Probable cause is not the same as “proof beyond a reasonable doubt.” With that in mind, if a cop has “probable cause” to believe that you drove your car while under the influence, then you can be arrested for DUI even if you’re just sitting in your car. Remember, however, that before you can be found guilty, the cop will have to prove – beyond a reasonable doubt – that you actually drove your vehicle while you were under the influence. So you can be arrested for DUI – even if your car is parked – but the cop will most likely have a much harder time in court, especially if you hire an experienced defense attorney who can pick apart the cop’s probable cause.