Yes. In California, you can be charged with a DUI even if you weren’t actively driving. The law focuses on whether you were in “actual physical control” of the vehicle, which can apply in several situations.
You may be at risk of a DUI if:
- You are in the driver’s seat
- The keys are in the ignition or within reach
- The engine is running, even for heat or air conditioning
- The car is parked on the side of the road, in a parking lot, or anywhere it could reasonably be driven
- You appear capable of driving, even if you had no intention to move the vehicle
These factors can lead officers to assume you were driving or about to drive, even if you were simply trying to sleep it off.
Many people believe sleeping in the car is a safe alternative, but California law can still treat it as a DUI under the right circumstances.
At Simmons & Wagner, we defend clients in these exact situations. Our team challenges assumptions about “actual physical control,” scrutinizes how the stop occurred, and works to reduce or dismiss the charges so a moment of caution doesn’t become a long-term legal issue.