Under Alabama law, you can’t drive or be in “actual physical control” of a vehicle if:
Under Alabama law, you can get be arrested for DUI even without actually driving or having the car in motion. As stated above, you only have to be in actual physical control. Actual physical control is defined as the exclusive physical power and present ability to operate, move, park, or direct whatever use or nonuse is to be made of the motor vehicle at the moment. This means that if you fall asleep behind the wheel of a parked car and you’re intoxicated you can be arrested and possibly convicted of DUI.
This can be fact specific. Thoroughly analyzing the facts of a situation like this is important.
If you find yourself in this situation, it is vitally important that you have an attorney that will thoroughly investigate your circumstance to ensure that every available defense is raised.