Can i get a DWI in a Hotel Parking lot w/o driving? I was on my cell phone with the keys in the ignition, but was NOT driving.

Yes, they can charge you, but that is not to say that you are guilty of DUI/DWI. A person can be found guilty if a judge or jury is convinced that the person was in "actual physical control" of the vehicle, without actually driving. But, this is very fact specific. Being charged is not being found guilty.

Yes, they can charge you, but that is not to say that you are guilty of DUI/DWI. A person can be found guilty if a judge or jury is convinced that the person was in "actual physical control" of the vehicle, without actually driving. But, this is very fact specific. Being charged is not being found guilty. You need to be represented by a competent attorney to be able to prevail against the charges.

In California, the police need to have seen you driving (some volitional movement of the vehicle) in order to make a lawful arrest. Additionally, one of the elements of DUI is a nexus between your BAC being above .08 at the time you were driving.

If you were charged under the driving while ability was impaired" statute, then driving is an element the prosecution needs to prove to win their case.

Consult a DUI practitioner in your area.

Edward J. Blum

You absolutely need MD counsel to accurately answer your question, because this issue is state-specific. In GA where i practice, one of the elements the state must prove beyond a reasonable doubt is that you operated a MOVING vehicle while under the influence. But many states only require operation of the vehicle.