Can You Receive a DUI Charge in a Parked Car?

You might think parking your car after consuming alcohol or drugs is the responsible choice. Instead of driving while under the influence, you thought you were doing the right thing by parking the car and “sleeping it off.” But in Washington, you can still be arrested and charged with Driving Under the Influence (DUI), even in a parked car. This is because Washington DUI laws incorporate a concept called “physical control,” which means an individual can be charged with a crime if they are in a position to drive and have the means to operate a vehicle.

The crime of being in physical control of a vehicle while intoxicated is a less serious offense than a DUI, but it still criminalizes the act of being in physical control of a vehicle while impaired by alcohol or drugs. In many circumstances, someone who is in physical control of a vehicle while intoxicated will nonetheless be charged with DUI. However, a skilled DUI defense attorney can negotiate for a plea to a reduced charge for physical control, which can benefit the defendant through less severe penalties, including a shorter driver’s license suspension, lower fines, and potentially avoiding the mandatory jail time that comes with a DUI conviction.

DUI in a Parked Car and the Issue of “Physical Control”

Washington State DUI laws extend to situations in which an individual is intoxicated and has “physical control” of a vehicle. This means the suspect is in a position to operate the vehicle and has the means to do so, even if the vehicle is parked. When police encounter someone in a parked car who they suspect is intoxicated, they look for signs that suggest intent to drive or physical control of the vehicle. If these details point toward potential operation, officers may treat that as evidence of control.

Where Is the Suspect Seated?

An individual is more likely to be charged with DUI if they were found intoxicated while seated in the driver’s seat with the engine running, as opposed to asleep in the back seat with the car turned off.

Where Are the Keys?

Someone found intoxicated with the keys in the ignition or in their pocket can be charged with DUI, even if the engine was not running, because they had the means to operate the vehicle.

Was the Engine Running or Still Warm?

If the engine was running or still warm and the driver was intoxicated and in the driver’s seat, the driver can still be charged with DUI, even if the car was in park.

Where Was the Vehicle Located?

Prosecutors can infer that a suspect was driving based on the location of the vehicle. For example, if you were intoxicated and stopped your vehicle on the side of the road, the prosecutor could infer that you drove there while you were intoxicated. However, pulling the vehicle to the side of the road and turning it off can be a defense that could be used to reduce the severity of the charges.

How Police Officers and Courts Evaluate the Issue of Physical Control

When a police officer encounters someone in a parked car who they suspect is under the influence of drugs or alcohol, they will note the condition of the vehicle, where it was located, and the physical and mental state of the driver. If you appear intoxicated, admit to consuming alcohol or drugs, or make inconsistent statements, that information goes directly into the police report.

The court will later review that evidence under the “totality of the circumstances.” This means the judge will not rely on one fact alone, but instead will consider everything together to evaluate whether you were under the influence of alcohol or drugs and had the apparent ability to operate a motor vehicle. Small differences can have a big impact. Sitting behind the wheel with the keys in your pocket can look like physical control. Sitting in the back seat with the keys in the glove compartment or with someone else can show that you took steps to avoid driving. Police officers tend to err on the side of caution. If there is any chance you could drive, they’ll likely make the arrest. From there, it’s up to the courts to determine whether you were in physical control of the vehicle. That’s where an experienced DUI attorney can make a difference by highlighting the facts that show you were acting responsibly, not recklessly.

Defenses Against Charges of DUI in a Parked Car

Of course, being charged with DUI in a parked car doesn’t automatically mean you’ll be convicted. Depending on your circumstances, you may have various defenses available. An experienced DUI defense attorney can evaluate your situation and identify the best defenses in your case.

• Safely off the roadway. If you moved your car somewhere safe and intended to wait until you were sober, that’s often a valid argument. The key is showing that you removed yourself from danger and had no intention of driving until it was safe to do so.
• Vehicle inoperability. Showing that the vehicle could not be driven — because it was broken down, out of gas, or otherwise not functional — can undermine the state’s argument that you were in physical control.
• No access to keys. Placing the keys out of reach, such as in the trunk or with another person, shows you had no way to operate the car. Courts have recognized this as a significant factor that can lead to reduced or dismissed charges.
• Procedural or testing errors: Officers must follow specific procedures for arrests, field tests, and chemical testing. If they skip steps or mishandle evidence, that can weaken the case.

The best defenses focus on your intent and the facts that show you acted responsibly. That might mean producing witness statements, photos of where you parked, or evidence showing you made plans not to drive. The more you can show that you avoided driving while under the influence, the stronger your defense will be.

Reducing Risk Before It Becomes a Problem

The best way to avoid a DUI is to take preventive steps before consuming alcohol or drugs. Planning ahead can help you stay out of trouble. A few practical steps include:

• Arrange a ride, use a rideshare app, or stay overnight nearby
• If you must wait in your car, park somewhere private and legal
• Sit in the back seat or passenger seat, not behind the wheel
• Place your keys far from reach or with a friend
• Keep the engine, lights, and radio off so it’s clear the car isn’t running

If an officer still approaches, do your best to remain calm and be polite. Don’t argue or make excuses. You have the right to remain silent and to request an attorney. Exercising your rights early can help limit the evidence that will be used against you later.

Get Help from Fox Law Firm

Being arrested for DUI in a parked car can feel confusing and unfair. You might have done everything you thought was right — you pulled over, turned off the engine, and decided to wait. Yet Washington’s broad definition of physical control can still put you in legal jeopardy. The attorneys at Fox Law Firm understand how prosecutors build these cases and what details matter most in court.

We’ll review every element of the alleged crime, from where you parked to how the officer handled the stop — to protect your rights and identify weaknesses in the state’s case. If you’ve been charged with DUI in a parked car, don’t wait. Contact Fox Law Firm today to schedule a consultation. The sooner you act, the better your chances of limiting the damage and moving forward with your life.