QUESTION
Will I be charged for DUI if I just to sit in a parked car drinking and not driving but key in ignition for heat?
Asked on Nov 27th, 2012 on DUI/DWI - New York
13 ANSWERS
James Edward Smith
Yes.
Answered on Apr 15th, 2013 at 6:10 AM
Michael J. Breczinski
Having the engine running is considered operating the vehicle and will get you convicted.
Answered on Dec 03rd, 2012 at 1:37 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, depending on where the car was at the time of the arrest.
Answered on Nov 28th, 2012 at 9:45 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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They can charge you but it should be dismissed if you did not and were not operating.
Answered on Nov 28th, 2012 at 9:44 PM
Dennis P. Mikko
If the key is in the ignition and the motor is running, you could be charged.
Answered on Nov 28th, 2012 at 9:44 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Without driving, there is no DUI, but you could be charged with physical control.
Answered on Nov 28th, 2012 at 9:43 PM
3 Awards
Yes. You will be charged. You will likely lose your DL from DMV at an express consent hearing - there is some bad case-law on this exact situation - you could lose you license even if the keys are not in the ignition, car not running - at trial, we have better defenses and could win.
Answered on Nov 28th, 2012 at 9:41 PM
1 Award
Yes, you could be. In Utah, you need actual physical control of the vehicle while being too drunk to drive.
Answered on Nov 28th, 2012 at 9:41 PM
Yes, because they will use circumstantial evidence to show that you were driving just a moment ago. You need to hire a DUI specialist pal.
Answered on Nov 28th, 2012 at 9:39 PM
In California, the law requires movement, although it can be slight. Sometimes prosecutors will charge these type of cases. If you are charged, it is best to get an attorney and not plea.
Answered on Nov 28th, 2012 at 9:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is quite possible. The charge is operating, not driving, while impaired.
Answered on Nov 28th, 2012 at 9:33 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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In Michigan you can be charged since you are operating the vehicle. Consult with an attorney to discuss your options and defenses.
Answered on Nov 28th, 2012 at 9:32 PM
John J. Carney
If you are behind the wheel, with the keys in the ignition, then you are "operating the vehicle" even if the engine is not running. If the officer believes you are intoxicated you can be arrested for DWI and will most likely be convicted of DWAI or DWI if the BAC is over .16.
Answered on Nov 28th, 2012 at 9:31 PM