Can I get a DUI if the vehicle is not moving or I’m not actually driving?

Under Alabama law, you can’t drive or be in “actual physical control” of a vehicle if:

Your blood alcohol content (BAC) is .08% or above (this can be determined by a breath test of blood test), or
If you are under the influence of drugs, alcohol or any impairing substance—or combination thereof—to a degree that renders the person incapable of safely driving a vehicle(this is more subjective and is generally determined by field sobriety tests).
If you are driving a commercial vehicle the BAC limit is .04%.

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.

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