A DUI charge does not always begin with a traffic stop. In some situations, a person may be arrested even when the vehicle is parked and unmoving.
This can come as a shock to someone who thought they were making the safer choice by pulling over or sleeping in the car. But under many state laws, being “in control” of the vehicle can be enough to lead to charges.
What does “actual physical control” mean?
“Actual physical control” generally refers to a person being in a position to operate a vehicle, even if they were not actively driving at the time. In many DUI cases, prosecutors do not need to prove the car was moving if they can show the person had the ability to start, direct or use the vehicle. Courts in many states look at this concept broadly, especially when public safety is involved.
Under Mississippi’s implied consent law, officers may investigate suspected DUI cases when they have “reasonable grounds and probable cause” to believe a person was driving or had “under his actual physical control a motor vehicle” while under the influence. In practice, this means a DUI investigation is not limited to someone actively driving; Mississippi law also allows officers to act when a person is found in a vehicle in a condition suggesting they could still operate it.
That is why people are sometimes charged while sitting in a parked car, sleeping behind the wheel or waiting in a parking lot. Officers and prosecutors may look at details such as where the person was seated, whether the keys were in the ignition or within reach, whether the engine was running and where the vehicle was located.
These cases are often more complicated than they first appear. A person may have intended to avoid driving, but the legal issue usually turns on how the facts look to the police. In some places, being asleep in the driver’s seat may be treated very differently from being in the back seat with the keys put away. Because these cases are so fact-specific, the surrounding circumstances can make a major difference in how a charge is handled.
A DUI arrest does not automatically mean the situation is as straightforward as it may seem. If you were charged while parked or not actively driving, it may help to speak with a legal professional who can closely review the facts and explain what defenses may be available.
