Can I Be Charged with DUI in Utah Without Actually Driving?

 Posted on February 21, 2025 in DUI

Most people think you can only get a DUI if you are caught doing what the name implies: driving under the influence of drugs or alcohol. In Utah, that is not always the case. You might be surprised to learn that you can be arrested and charged with DUI even if your car is not in motion at the time of the arrest. This is because Utah law includes a concept called "actual physical control" of a vehicle. To understand more about how this could impact you, speak with a knowledgeable Salt Lake City, UT criminal defense lawyer.

What Does "Actual Physical Control" Mean?

In Utah, you do not need to be driving to be charged with a DUI. If you are in actual physical control of the vehicle at the time of the arrest, it means that you are in a position to operate it, and therefore, you can be charged even if you were not driving. To determine whether you were in actual physical control of the car, courts will consider various factors.

Where Were You Sitting?

You are more likely to be charged if you were in the driver’s seat. If you were in the backseat at the time, the chances of being charged decrease significantly.

Where Were the Keys?

If the keys were out of reach, you could argue that you were not about to drive the car. If the keys were in your hand or already in the ignition, that is a harder claim to make.

Was the Engine Running?

Even if the car was not in drive or was not moving, if the engine was running, it could indicate that you were in control of the car.

What Was Your Condition?

If you were asleep in a parked car, this would not suggest that you were in actual physical control, which could help you fight DUI charges.

Where Were You Parked?

If you were legally and safely parked, in a parking lot or driveway to your house, for example, this can help your case. If you were on a road or the shoulder of a highway, you have a higher chance of being charged. 

Common DUI Charges Without Driving

Based on the above factors, there are several situations you might have thought would keep you safe from a DUI charge but could actually see you convicted.

If you decide to pull over to "sleep it off," so you put the car in park and close your eyes, you might think you are being responsible. If it is a hot day, you want to keep the engine running so you can have the air conditioning on. However, this would make it seem that you were in actual physical control of the car at the time of your arrest, even though you were not driving.

If you are at a party with your spouse and you are ready to leave but it is cold outside, you might offer to go to the car and start the engine to get the heat working before she comes out to drive. If a police officer finds you in that position, sitting in the driver’s seat with the key in the ignition, it could appear that you were planning to drive and you could be charged.

No matter what the situation was, you need to speak with a lawyer and explain what happened so you can get proper legal advice that protects your rights.

Schedule a Free Consultation with a Davis County, UT DUI Defense Lawyer

If you are charged with a DUI even though you were not driving, speak with a qualified Salt Lake City, UT criminal defense attorney who can review your case and explain your options. At Collins Rupp, P.C., we are dedicated to preventing our clients from being wrongfully convicted and we will fight hard to protect your rights. Call us at 385-777-2753 to schedule a free consultation.