Additionally if the person is in the car in the driver s seat with the keys in their hand but not in the ignition this can be charged as a parked car dui.
Keys in car dui.
The purpose is to deter any type of drunk driving before it happens.
Court found defendant was in actual physical control of the car.
No other people were in the area.
If the engine of the car is warm the keys are in the ignition you are sitting in the driver s seat and there is no one else around to drive the car the prosecution can secure a dui conviction.
Defendant was pushing his car on the roadway.
Being caught with the car engine running generally hurts a motorist s chances of beating a dui charge.
The indirect evidence may come in the form of several pieces of circumstantial evidence.
Defendant was intoxicated and the keys to the ignition were in his pocket.
This meant that sitting in the driver s seat keys in hand or in the ignition even while the car is parked and engine off can still lead to a dui in several states.
Whether the car s engine was running.
These circumstances can make it difficult to prove that you have been operating the vehicle before you fell asleep.
But a driver who had the keys within reach or in the ignition won t likely fare well with this issue at trial.
Building a dui defense.
Similarly if the keys are in the ignition but the car is not yet turned on this could be charged as a parked car dui.
Driving is sufficient but not a requirement for a dui conviction.