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

Yes, a person can be charged with a DUI even if they are not driving in California. This is known as a "chemical DUI." A chemical DUI is a DUI charge that is made when an individual has a blood alcohol concentration (BAC) that is higher than the legal limit, even if they are not operating a vehicle. In California, the legal BAC limit is 0.08%. If a person is stopped by a law enforcement officer, they may be asked to submit to a Breathalyzer test. If the test reveals that their BAC is more than 0.08%, the individual can be charged with a DUI even if they are not driving. It is also possible for an individual to be charged with a DUI if they are found in a vehicle with the ignition on. It is not necessary for the vehicle to be moving for the individual to be charged. The presence of the motor vehicle with its key in the ignition is enough to prove that the individual was operating a vehicle, and therefore can be charged with a DUI. In most cases, a chemical DUI charge will be accompanied by a Driving Under the Influence (DUI) charge. This means the individual can be convicted of both offenses if they are found to have been operating a vehicle with a BAC over the legal limit. In California, a DUI charge can carry serious penalties. These may include jail time, fines, license suspension, and mandated DUI classes. Therefore, it is essential for anyone found to be driving while under the influence of alcohol to understand the risks of a DUI charge.

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

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