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

Yes, a person can be charged with a DUI in California even if they are not driving. Under Vehicle Code 23152, it is illegal to be in actual physical control of a motor vehicle while under the influence of alcohol or drugs. This means that the person does not need to be driving the vehicle in order to be charged with a DUI. In order for a person to be convicted of a DUI without actually driving the vehicle, prosecutors must prove that the individual was in actual physical control of the car. This includes being in a parking lot, in a driveway, in a car that was pulled over on the side of the road, or in any location in which the car is stopped. There are certain factors that the court may consider when determining if an individual was in actual physical control of the car at the time of the incident. These include the location of the car, whether the keys were in the ignition and whether the individual was in the driver’s seat. California has strict laws against DUI, and a conviction can lead to severe consequences such as jail time, fines, license suspension, increased insurance rates, or even the installation of an ignition interlock device. If you are facing DUI charges, it is advised to consult an experienced DUI attorney who can help you navigate the legal process.

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

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