Can You Be Convicted of a DUI Even If Not Driving?

Lerner & Rowe Law Group
convicted of DUI

You have had a wonderful night out with friends, and enjoyed a few cocktails. You would never drive while intoxicated, so you consider your options. Sleeping a little seems like the quickest way to sober up, so you slip behind the wheel, recline the driver’s seat, close your eyes, and start to snooze.

Then, there’s a knock on your window, and an officer begins to ask you a series of questions. Based on your answers, you suddenly find yourself facing DUI charges in Arizona. Even though you believe you have done your part to avoid driving under the influence, you may now face jail time, fines, possible community service hours, installation of an ignition interlock device, and more.

If this situation, or something similar, has happened to you, you need the assistance of the Arizona drunk driving attorneys at Lerner and Rowe Law Group. 

“Actual Physical Control” in Arizona Law

In Arizona, DUI and DWI laws are some of the strongest in the entire country. Arizona Revised Statute § 28-1381 breaks this down. Here, it states that it is not only illegal for anyone to be under the influence of alcohol while driving, but also while in “actual physical control” of a vehicle. 

Actual physical control means, generally, that the accused’s access to the vehicle was either “present or imminent.”

A number of factors are considered to determine whether someone was in actual physical control of a vehicle. These are:

  • Did the driver voluntarily pull off the roadway?
  • Were the windows up or down?
  • Were the headlights on?
  • Was the vehicle running?
  • Was the ignition turned on?
  • Where was the ignition key located?
  • Where and in what position was the driver?
  • Was the driver awake or asleep?
  • Where was the vehicle stopped?
  • What was the time of day?
  • What were the weather conditions?
  • Was the air-conditioning or heater on?
  • An explanation of the circumstances as determined by the evidence.

The Arizona Supreme Court has noted that other factors may also be considered..

Basically, if you have entered a vehicle, sat in the driver’s seat, and have the keys, the state will argue you were in actual physical control of the vehicle. With the help of a criminal defense attorney, it can be argued using the factors above that you were not in actual physical control. 

How to Avoid a DUI Even When Parked

If this hasn’t happened to you yet, you may wonder how to avoid it. There are a few ways to avoid this DUI charge. First, plan ahead, and never attempt to “sleep it off” inside your vehicle. Instead, stay at a friend’s house, schedule a rideshare, or walk to a hotel. However, if you do fall asleep behind the wheel and get charged with a DUI, contact the DUI attorneys with the Lerner and Rowe Law Group right away. 

As always, avoid getting behind the wheel of any motor vehicle after drinking alcohol. In Arizona, you run the risk of being convicted of a DUI if you are impaired to the slightest degree, even if your blood alcohol concentration (BAC) is less than the legal limit of 0.08%. 

I Was Stopped But I Wasn’t Cited: Am I In the Clear?

Unfortunately, even if you were not cited at the scene, you may not entirely be in the clear from a DUI charge. This is because, according to the Arizona statute of limitations, the police have one year from the date of the incident to charge you with a misdemeanor DUI. Conversely, police have up to seven years to charge you with a felony DUI.

Furthermore, if police do choose to charge you with a DUI, this violation goes on your criminal record. This means your DUI charge may show up on any criminal background check generated by future employers. Even if you are able to have your charges eventually reduced or dismissed, they could remain on your record for any employer to view without proper legal representation.

Basically, the long-term impact of a DUI in Arizona comes down to who you choose to represent your best interests. The attorneys at Lerner and Rowe Law Group have over 70 years of combined experience fighting DUI charges. Plus, we know how to aggressively move through complex local legal systems to help ensure that your rights are protected.

Arizona Court Information

Charged with a DUI in Arizona, even though your car was parked? Make sure you know exactly when your court date is and which court to need to report to as there are countless municipal and superior courts throughout our state. 

However, if your DUI occurred in Phoenix, any felony charges will be heard at the Maricopa Superior Court, either in Southeast Phoenix or downtown. Trials for misdemeanor charges are held at the Phoenix Municipal Court.

Don’t Settle – Hire an Experienced Phoenix Defense Attorney

You should never settle for anything but the best representation if you’re facing a DUI conviction. To ensure the best result for your case work with a dedicated team of Phoenix criminal defense attorneys from Lerner and Rowe Law Group. 

To schedule a free case evaluation and consultation and take advantage of affordable, award-winning representation, call 602-667-7777, fill out our free online form, or use our LiveChat feature. 

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.