Can a person be charged with a DUI if they are not driving?

Yes, a person can be charged with a DUI if they are not driving in the state of California. Generally, a DUI is defined as operating a motor vehicle while under the influence of drugs or alcohol. However, there is an additional provision under California law in which a person can be arrested and charged with a DUI even if they are not driving. Section 23152(e) of the California Vehicle Code states that it is unlawful for a person who is under the influence of drugs or alcohol to occupy a motor vehicle, even if the engine is not running. Therefore, if a law enforcement officer finds someone in a car who is under the influence of drugs or alcohol, they may be arrested for a DUI and face criminal charges, even if the vehicle is not running. However, it should be noted that law enforcement officers must have reasonable cause to believe that the person is under the influence of drugs or alcohol before they can arrest them. This means that, in certain cases, if no suspicious behavior or signs of intoxication are present, an individual may not be charged with a DUI.

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Can a person be charged with a DUI if they are not driving?

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