You had a few drinks and started feeling tipsy. You decided to sleep in your car to sober up. While this may seem like a responsible choice, Pennsylvania law might disagree. You could still face a driving under the influence (DUI) charge even if you were not driving.
Understanding the laws surrounding DUI charges and “actual physical control” can help you stay out of trouble.
What does “actual physical control” mean?
Pennsylvania DUI charges do not just apply to those who are driving a vehicle while intoxicated. It can also apply to intoxicated individuals who have “actual physical control” of a car, meaning they can operate it immediately.
A law enforcement officer can then arrest you for DUI if they determine that you have actual physical control, even if you have no intention of driving. Factors that may influence their decision include:
- Your location: Were you in the driver’s seat?
- The key’s location: Were the keys in the ignition slot? If the engine was off, were you holding the keys?
- The engine’s status: Was the engine running, even if the car was parked?
These scenarios may seem harmless, but the law might see them as potential dangers to the public. Even if you are not operating your car, you can face the same penalties for someone caught drunk driving.
What can you do to avoid a DUI charge?
Instead of sleeping in your car while intoxicated, there are alternatives that can help you avoid trouble:
- Assign a designated sober driver to bring you home.
- Use a ridesharing service.
- Stay overnight at the location where you are drinking, if possible.
Additionally, consider researching the limitations of DUI laws in Pennsylvania to learn more about your rights. You can also consult a criminal defense attorney for further insights on having actual physical control of your vehicle.
