Close X

Arrested for DUI in Parked Car

Posted by Raymond Kimble | Jun 18, 2017 | 0 Comments

Can You Be Arrested for DUI in a Parked Car?

In most cases, people are contacted by police, investigated and cited for DUI after being stopped for speeding, failing to maintain a single lane of traffic, not stopping for a stop sign or some other traffic violation.  However,  the Arizona DUI laws allow police to arrest someone if there are merely sitting in their car and found to be impaired by alcohol, prescription or illegal drugs.

Under A.R.S. 28-1381:

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.

2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.

3. While there is any drug defined in section 13-3401 or its metabolite in the person's body.

4. If the vehicle is a commercial motor vehicle that requires a person to obtain a commercial driver license as defined in section 28-3001 and the person has an alcohol concentration of 0.04 or more.

A.R.S 28-1382 states:

A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state if the person has an alcohol concentration as follows within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle:

1. 0.15 or more but less than 0.20.

2. 0.20 or more.

The key sentence  in both of these Arizona DUI statutes is that it is "unlawful for a person to drive or be in actual physical control of a vehicle" if impaired by alcohol or if the person has an alcohol concentration above the legal limit (.08), Extreme DUI (.150) or Super Extreme DUI (.200) limit.

 "Actual Physical Control" of a motor vehicle, is determined based upon whether a an individual has the intention or ability to drive their car.  In these cases where people are parked in a parking lot or by the side of the road, a number of factors must be considered in defending a DUI charge.  These include where the person was located in the vehicle, whether the engine was running, whether the keys were in the ignition, whether the person was asleep of awake and where the vehicle was parked.  Of course, there are other facts police and prosecutors may look at when deciding to arrest someone for DUI and prosecute them in court.  

 Of course, every case is different and you should consult with a lawyer as soon as possible to ensure your rights are fully protected.  Certainly, drunk driving cases are very complex and require representation from an attorney who regularly practices DUI defense in Arizona.  I have represented thousands of people during the last fifteen years who have been arrested and charged with driving under the influence.  

If you or someone you know has been charged with DUI in Phoenix, Mesa, Scottsdale, Chandler, Gilbert or Tempe, Arizona, call (480) 833-8613 for a free consultation.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Law Office of Raymond Kimble

Kimble logo small red

For a Free Consultation please call (480) 833-8613 or complete the form in the sidebar. Mr. Kimble can be reached 24/7 and is available for appointments during the evening and on weekends as well.

About Raymond Kimble

Raymond A. Kimble is a former police officer and felony prosecutor who has twenty years experience defending people accused of DUI and other criminal offenses throughout Arizona. Mr. Kimble represents clients seeking experienced and aggressive representation to help them fight the charges they face. For more information, contact The Law Office of Raymond A. Kimble today.