Can I get a DUI for sitting in my Car while Drunk?

Last modified on Dec 28, 2025

Can you still be charged with a DUI even if you were just sitting in your car while drunk? The short answer is yes. In addition to prohibiting driving under the influence, DUI laws of most states also prohibit drivers from “operating” or being in “actual physical control” of a vehicle while under the influence.

What does “operating” or being in “actual physical control” of a vehicle mean?  Below are common factors that courts will look at to determine whether a driver was operating or in actual physical control of a vehicle:

Location of the driver in the vehicle

Was the driver sitting in the driver’s seat of the vehicle or were they asleep in the backseat?  Courts will look at where the driver was in the vehicle, specifically their proximity to the ignition, to determine whether they were operating or in actual physical control of the vehicle.

Location of the vehicle

Where was the vehicle parked? If the vehicle was parked in an area where we can assume the driver drove while intoxicated prior to parking, such as on the side of the road or the shoulder of a highway, then chances of a DUI conviction will be higher.

Proximity of the keys to the driver

Where were the vehicle’s keys in relation to the driver? If the keys were within reach of the driver or in the ignition of the vehicle, then it would take only a couple steps for the driver to set the vehicle in motion, and thus, a higher chance that courts will convict. If the keys were in the trunk or someplace not easily accessible, then this could help the defense.  

Whether the engine was running

Was the vehicle’s engine running? If the engine was running then there’s a higher chance of courts to find that the driver was operating or in actual physical control of the vehicle. 

Condition of the driver

Was the driver found asleep or were they awake in the vehicle? Sleeping in a vehicle while drunk is not an automatic defense to a DUI charge. If the driver was found asleep, but sitting in the driver’s seat with the keys in the ignition, then chances of a conviction will be higher than if the driver was asleep in the backseat with the keys not easily accessible.

No one single factor is dispositive in determining whether a driver was operating or in actual physical control of a vehicle. Ultimately, courts will look at the “totality of the circumstances” to determine whether to convict.