can u receive a DUI while in a parked car with the engine off?

UPDATED: Sep 30, 2022

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can u receive a DUI while in a parked car with the engine off?

We were parked outside a restaurant
getting ready to go in the engine was
off and an officer knocked on stating
he received phone calls that driver was
swerving in and out of traffic but
never wittnesed it himself.

Asked on May 24, 2016 under Criminal Law, Tennessee


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Different states have different DUI laws. In most, however, having actual physical control of a car is enough to be arrested for a DUI if the person is found to be legally intoxicated. They need not be actually driving at the time; having actual physical control is enough. Note: Actual physical control means having the present capability to set the car in motion (e.g. having the keys). At this point you should consult directly with a DUI attorney in your area; they can best advise further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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