As everyone knows, driving under the influence of alcohol or other substances is a criminal offense. However not all DUI cases are the same. For example, can you get a DUI in California if you are in a parked car? In today’s post, we provide an answer.
Can You Get a DUI if You Are in a Parked Car in California?
Under certain circumstances, you can get a DUI in California even if you are in a parked car. And although these cases aren’t necessarily common, it is always useful to learn more about this possibility.
You can get a DUI in a parked car in California, but only if officers have reason to believe that you were driving while impaired recently and find evidence of “volitional movement.”
Almost certainly, they will ask you directly if you have been driving. However, they can also infer this from circumstancial evidence like:
- The position of the car
- The area where the car is parked
- Your position in the car
- The position of the gearshift
- If your hood or tires are warm
Here it’s worth remembering that, it is illegal for you to drive in California if you have a Blood Alcohol Concentration(BAC) of:
- 0.08% or higher if you are over 21 years old.
- 0.01% or higher if you are under 21 years old.
- 0.01% or higher at any age if you are on DUI probation.
- 0.04% or higher if you drive a vehicle that requires a commercial driver’s license.
- 0.04% or higher if you are driving a passenger for hire.
Can You Get a DUI if You Are in a Parked Car But Haven’t Driven Yet?
And what happens if, for example, you are intoxicated and are in your car but haven’t started driving yet? In that case, you can be charged with attempted DUI.
According to the California Penal Code, an attempt to commit a crime consists of two elements:
- A specific intent to commit the crime
- A direct but ineffectual act done toward the commission of the crime
This means that in order to be charged with attempted DUI in California, you would need to be obviously intoxicated and doing something like trying to put your keys in the ignition or sitting in the car with the engine on.
Is a DUI a Felony or a Misdemeanor in California?
In the State of California, a DUI can be either a felony or a misdemeanor depending on several following factors. For example, in general, a DUI is a felony in California when;
- A third party sustained injuries
- It’s your fourth DUI within a 10-year period
- You have a prior DUI felony conviction
Do you have other California DUI questions? Contact EBL Group or schedule a free consultation today to discuss your case.
DISCLAIMER: The material on this website is for general information only and is not to be construed as legal advice or opinion, and does not constitute or create an attorney-client relationship between you and EBL Law Group.
EBL Law Group: Attorneys in Rancho Cucamonga
We are a team of lawyers determined to provide legal representation of the highest level to all our clients. We are located in Rancho Cucamonga, California. Call us at (909) 581-4351 for a free consultation, or fill out the contact form on this website to get in touch with our team.