Yes. In Riverside, you can be charged with a DUI even if you are simply sitting in your parked car. However, it is important to note that certain circumstances must apply for the state to convict you.
How could I get a DUI in a parked car?
Even if you make the smart decision to simply sleep it off or wait it out, a police officer can arrest you for DUI. If the officer finds a reason to believe that you consumed alcohol and drove prior to parking your car, you can be arrested for DUI.
When police officers discover an intoxicated person in a parked car, they must evaluate the circumstances of the situation to determine whether the intoxicated person has committed a crime. However, in some cases, officers will arrest you for drunk driving rather than take a chance that you will drive away as soon as they leave.
While officers can arrest you for a DUI, even if you were not driving, these charges are often based on circumstantial evidence, which means convicting you may be difficult.
Is driving necessary to get a California DUI?
Yes. However, while a DUI in California must involve driving, a police officer does not need to witness you in the act of operating your vehicle to cite you for DUI. Instead, an officer will look for signs that you were recently operating the vehicle. Those may include: