
You can be arrested for a DUI in a parked car in California. Whether you’re pulled over on the side of the road, sitting in your driveway, or simply resting in the driver’s seat with the keys nearby, the law may still view you as being in physical control of the vehicle. This perceived control can lead to DUI charges, even if you were not actually driving at the time of the arrest. Additionally, if your blood alcohol content is over the legal limit and you appear to have the ability or intent to drive, you could face serious criminal charges.
If you’ve been arrested for a DUI in a park car, contact an experienced criminal defense attorney immediately to protect your rights and your future.
California’s DUI Law and Blood Alcohol Concentration Limits
A DUI, or “driving under the influence” charge, is a serious offense with harsh penalties if convicted. The DUI law is found in California Vehicle Code 23152, which states that a person can be charged with a DUI if their blood alcohol concentration (BAC) level exceeds the legal limit of .08. DUI charges are not limited to alcohol, however. A driver can also face charges if they are impaired by drugs, whether they are prescription medications, over the counter remedies, or illegal substances, if those drugs affect the ability to drive safely.
BAC Level Can Lead to a DUI Arrest in a Park Car
Due to the state’s strict BAC level law, you can be arrested for a DUI even if your car is parked and not moving, simply if your BAC reading is over the legal limit. If you are in a parked car and a police officer reasonably believes you may be intoxicated, just sitting in the driver’s seat with the keys nearby may be enough to justify an arrest. Having the ability or intent to drive while intoxicated over the legal limit can lead to serious criminal charges, even if the engine is off. Being arrested in a parked car with a BAC over the legal limit can carry the same serious consequences as if you were caught driving. If this happens, it’s essential to seek a DUI attorney right away to understand your rights and defend against the charges.
DUI in a Parked Car: Scenarios That Can Trigger a DUI Arrest

At The Law Office of Nicolai Cocis, we have seen many scenarios where a person can be arrested for a DUI while being in a parked car. In many cases, the law considers a vehicle as “operated” the moment the engine is turned on, even if the car isn’t moving. Thus, the fact a person is in control of the vehicle with the potential ability to operate it can be enough to qualify as ‘driving’ under the law. Where the vehicle is parked can also raise suspicion; being found away from where you were drinking may imply you drove there while intoxicated. Additionally, your actions matter. Simply approaching the driver’s side with keys in hand or sitting behind the wheel while intoxicated may support one’s intent to drive, which can lead to a DUI arrest.
Contact The Law Office of Nicolai Cocis For Aggressive DUI Defense
In California, you do not need to be driving to be charged with a DUI. If your blood alcohol content (BAC) is over the legal limit and you’re found to be in actual physical control of a vehicle, you may be arrested and prosecuted for a DUI in a parked car. Prosecutors may build a DUI case by showing that you were in actual physical control of the vehicle, even if it was not moving.If you’ve been arrested for a DUI in California, you will need to plan a strong defense. The Law Office of Nicolai Cocis has a proven history of successfully defending clients facing DUI charges, including those involving parked vehicles. We are ready to stand up for your rights and build a strong defense against aggressive California prosecutors. Contact us today to schedule a consultation and discuss your case.