In California, they have to prove that you were driving, but that can be proven by circumstatial evidence. There are a host of helpful procedural and substantive issues in your sort of fact pattern. You need to consut with a real DUI lawyer in your area.
Can I get a DUI in a parked car with the keys in the ignition, but not running?
Asked on
Monday, Sep 24, 2012
I was stopped at night in a parking lot. My car was off but the keys were in the ignition. The officer had me get out and tested me. I blew a .18. Do I have a defense to this? Thank you.
Answers
It depends on the law of your particular state. In California, you would definitely have a defense because there must be actual driving. However, in some states, having actual control of the vehicle is enough. Strongly urge you to contact a DUI lawyer in your jurisdiction.