Facing a DUI charge can be stressful, mainly when it stems from an unexpected situation like sleeping in a running car in a parking lot. Many believe staying parked in such conditions is a safe alternative to driving.
Still, Arizona’s DUI laws often lead to misunderstandings about what constitutes “physical control” of a vehicle. Arizona’s DUI laws are among the most stringent in the nation, and understanding these laws is essential if you find yourself in such a scenario. If you or a loved one are facing a DUI charge, contact Phoenix DUI lawyer Arja Shah.
This article explores the nuances of Arizona DUI laws, explicitly addressing the complexities of being charged while parked and the possible defenses available.
This article will cover the following subtopics:
- Understanding Arizona DUI Laws
- DUI While Parked
- DUI in a Parking Lot
- DUI While Sleeping
- Legal Consequences and Penalties
- Defending Against DUI Charges
- Frequently Asked Questions
Understanding Arizona DUI Laws
Under Arizona Revised Statutes Section 28-1381, a DUI involves being in control of a vehicle while impaired by alcohol or drugs if the car is moving or stationary.
This broad definition allows law enforcement to charge individuals in various circumstances, even if the vehicle is not in motion.
Arizona courts have interpreted “actual physical control” to include factors like whether the vehicle’s engine is running, the driver’s position in the car, and the accessibility of the keys.
DUI While Parked
Many people mistakenly believe parking their car can shield them from DUI charges.
In Arizona, however, the concept of “actual physical control” means that you can still face charges even if the vehicle is stationary.
Courts consider several factors to determine whether an individual poses a potential risk to operating the vehicle.
These factors include:
- Whether the engine was running.
- The position of the driver within the car.
- The location of the keys.
- The proximity of the vehicle to a roadway or other hazards.
DUI in a Parking Lot
Arizona DUI laws apply to public and private property, including parking lots.
This distinction is important because many people assume that private property offers protection from DUI charges.
However, Arizona law ensures that impaired individuals are held accountable regardless of the location to prevent potential harm.
This means that even if you are parked in a private lot, you can be charged if found intoxicated in a running car.
Arizona Revised Statutes Section 28-1381 underscores that impairment-related charges are not limited to public roadways.
DUI While Sleeping
Sleeping in a car while intoxicated might seem like a responsible choice, but Arizona law may still consider it a DUI.
The key factor is whether you were in “actual physical control” of the vehicle.
Courts evaluate circumstances such as:
- Whether the vehicle’s engine was on.
- Your position in the driver’s seat.
- The presence and location of the keys.
Arizona’s DUI laws are applied to determine if an individual was in a position to operate the vehicle, even if their intent was not to drive.
Legal Consequences and Penalties
A DUI conviction in Arizona carries significant penalties, including:
- Fines and court fees.
- Suspension or revocation of your driver’s license.
- Mandatory alcohol education or treatment programs.
- Jail time.
The severity of penalties depends on factors such as your blood alcohol concentration (BAC), prior offenses, and the specific circumstances of your case.
Defending Against DUI Charges
If you’re charged with a DUI while parked, several defense strategies can be employed.
For instance, successfully demonstrating a lack of actual physical control has helped many individuals avoid conviction.
In some cases, evidence like the keys being placed out of reach or the individual being asleep in the backseat was persuasive in showing no intent to drive.
Similarly, challenging the accuracy of BAC tests has led to reductions or dismissals when testing errors were identified.
An experienced DUI attorney can evaluate your case and determine the best defense strategy based on the unique circumstances.
Frequently Asked Questions
Can you get a DUI for sleeping in your car while intoxicated? Yes, Arizona law allows DUI charges in such cases, especially if you are in “actual physical control” of the vehicle.
What does “actual physical control” mean? This term refers to the ability to operate the vehicle, even if you do not intend to drive at the time.
Do DUI laws apply to private property? Yes, Arizona DUI laws extend to private property, including parking lots and driveways.
What should I do if I’m charged with a DUI while parked? Seek legal counsel immediately. An attorney can help you understand your rights and develop a defense strategy.
Can I challenge the results of a BAC test? Yes, inaccuracies in testing equipment or procedures can provide grounds for challenging BAC results.
Facing a DUI? Contact Attorney Arja Shah
However, you don’t have to face it alone. Attorney Arja Shah of Shah Law Firm has successfully defended over 3,000 clients in DUI and criminal defense cases, demonstrating a consistent track record of success. With nearly two decades of experience and a proven track record, Arja Shah can provide the guidance and defense you need to protect your rights.
Contact the Shah Law Firm today at (602) 560-7408 for a free consultation and take the first step toward resolving your case.
