Can I get a DUI in a parked car not recently driven?

Yes.

If you passed the sobriety tests and the blood or breath test you should not be charged. If your blood alcohol was high enough they will charge you and could convict you. There may be an issue of rising blood alcohol if there were open containers in your car which may help you.

If there was observed driving, yes you could. DUI requires "driving"; however, you could be charged with "physical control" if you were under the influence while in control of a vehicle.

Can you/ Yes, if police can show you operated the vehicle while intoxicated. If you got a DUI, you didn?t ?pass? the field sobriety test. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I?ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.

Was the car running? If not you should get a lawyer and fight the matter if you had not been operating the vehicle. It is operating that is the magic thing you have to do with a car in order to get convicted.

How you can get a DUI in a parked car will depend on how you and the car arrived at the parking lot to begin with. If there is no one else around, the police will reasonably assume that you drove there in your present condition. Whether you were actually under the influence of drugs and/or alcohol, instead of being sick from bad food or food poisoning, will depend more on the results of a breath or blood test, rather than a field sobriety test. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.

You need to retain counsel to take this case to trial.

Maybe, People get charged for DUI in parked cars all the time. However, there is an actual physical control issue in everyone of these cases. Utah's DUI statute states, A person may not operate or be in actual physical control of a vehicle within the state if the person. has sufficient alcohol in the person?s body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .08 grams or greater at the time of the test is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle; has a blood or breath alcohol concentration of .08 grams or greater at the time of operation or actual physical control In Utah there are several nonexclusive factors for assessing whether a person is in actual physical control of a vehicle. the Richfield factors They are. Whether the person was asleep or awake in the vehicle, when the peace officer discovered them; Where the vehicle is positioned. Whether the vehicle's motor is running; Whether the person was in the driver?s seat of the vehicle, Whether the person was the sole occupant of the vehicle, Whether the person possessed the ignition key; The person?s apparent ability to start and move the vehicle. How the vehicle got to where it was discovered; and Whether the person drove the vehicle to the place it was discovered. Utah Courts evaluate these factors under the totality of the circumstances.

The three elements that the government must prove for OUI are Operation, Public Way and .08% or better or impaired operation. You are challenging the Operation element. Case law has established that sitting in the car with the keys in the ignition may satisfy the element of Operation. The idea is that with the keys in the ignition, that you have the ability to drive or operate the vehicle. The operative word is may. It is not a small dunk and certainly may be challenged by your attorney. I assume you will have an attorney to represent you. You certainly should.

It should like you have a potential defense, it will not be easy and you will need an attorney but such cost is nothing in comparison with the cost of a wrongful conviction.

Yes. They can use circumstantial evidence to show that you WERE driving just a short while ago. You should consult a DUI specialist, and do it soon because you have only 10 days to save your license.