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Many people believe that you can’t be arrested for a DUI in Arizona unless you are driving. But that is not the case – we have defended numerous clients that were charged with a DUI while not driving, or what is called “actual physical control” of their vehicle. Some people might try to sleep it off in their vehicles after drinking and have the engine and air conditioner running because of the heat. Others may decide to sit in their vehicles with the air conditioner running to cool off.

You might wonder, “Can I be charged with drunk driving while sleeping in my car?” In Arizona, the answer is yes.

If you do, the police can charge you with a DUI. Under Arizona’s drunk driving statute, you can be charged with a DUI while not driving if the police believe you were in actual physical control of your vehicle.

Police will frequently charge people with DUIs because they are physically controlling their vehicles. Typically, an officer will find someone who is passed out or sleeping in their vehicle while intoxicated and charge them with drunk driving.

Shah Law Firm
DUI Defense Attorney
Call Us: 602-560-7408
2 N. Central Ave., Ste. 1926, Phoenix, AZ 85004

Can I Get Arrested for DUI While Not Driving?

Shah Law Firm, LLC