Being caught drunk in a parked car in Tucson can still result in DUI charges, even if you weren’t driving. Arizona’s strict DUI laws allow police to arrest individuals who have “actual physical control” of a vehicle while intoxicated. This means you can be charged simply for sitting in your car with the keys nearby.
At AZ DUI Pros, we understand how frustrating and unfair these charges can feel. If you’ve been caught drunk in a parked car, you need a strong defense to protect your rights. Call us today at (602) 922-3755 for a free consultation and let us fight for you.
This article will explain Arizona’s DUI laws, provide real-life scenarios where someone could be caught drunk in a parked car, and discuss possible defenses against these charges.
Arizona DUI Laws: Can You Be Arrested in a Parked Car?
Under A.R.S. § 28-1381, Arizona law states that a person can be charged with DUI if they are under the influence of alcohol or drugs and are in “actual physical control” of a vehicle. This means you don’t have to be driving to get arrested—you just need to be in a position where law enforcement believes you could drive.
Factors that determine actual physical control include:
- Whether the car is running or the keys are in the ignition
- Whether the person is in the driver’s seat or another part of the car
- The location of the vehicle (public road, parking lot, or private property)
- Whether the person was asleep or awake
- If the heater or air conditioning was on, indicating recent use
Because Arizona law is broad, it’s common for people to be caught drunk in a parked car and arrested for DUI.
Hypothetical Scenarios: When Can You Be Arrested for DUI in a Parked Car?
Scenario 1: Sleeping in Your Car After Drinking
Michael leaves a bar in downtown Tucson after a night of drinking. Realizing he’s too intoxicated to drive, he decides to sleep in his car until morning. He gets into the driver’s seat, turns on the heater, and falls asleep.
A police officer patrolling the area sees Michael’s car running and decides to investigate. When he knocks on the window, Michael wakes up and rolls it down. The officer smells alcohol and asks Michael if he has been drinking. Even though Michael never drove, he is arrested for DUI because he was caught drunk in a parked car with the engine running.
Since Arizona law under A.R.S. § 28-1381 considers “actual physical control” of a vehicle as a DUI offense, Michael now faces serious legal trouble.
Scenario 2: Waiting for a Ride While Intoxicated
Sarah spends the evening drinking at a friend’s house. Instead of driving home, she decides to wait for an Uber in her car. She sits in the driver’s seat, starts the engine to charge her phone, and listens to music while she waits.
A neighbor sees her car running late at night and calls the police. When officers arrive, they find Sarah in the driver’s seat with the engine on. They ask her to step out and perform field sobriety tests, which she fails. Even though she was waiting for a ride, she is caught drunk in a parked car and charged with DUI.
Because Sarah had the keys in the ignition and was in the driver’s seat, officers determined she had “actual physical control” of the vehicle, making her arrest legal under A.R.S. § 28-1381.
These scenarios demonstrate how being caught drunk in a parked car can still result in DUI charges, even if there was no intent to drive.
Penalties for Being Caught Drunk in a Parked Car
If you are convicted of DUI in Arizona, the penalties can be severe, even if you were only caught drunk in a parked car and never drove.
First-Offense DUI
- At least 10 days in jail (possibly reduced with alcohol treatment)
- Fines up to $1,500
- License suspension for 90 days
- Ignition interlock device (IID) requirement
Second-Offense DUI
- 30 to 90 days in jail
- Higher fines and penalties
- One-year license suspension
- Longer IID requirements
Aggravated DUI (Felony DUI)
- Prison time
- Loss of driving privileges
- Significant fines and fees
Because Arizona takes DUIs seriously, being caught drunk in a parked car can have lifelong consequences.
How Police Determine Impairment in a Parked Car
Even if you’re simply sitting in your car after drinking, Arizona law enforcement officers use specific criteria to determine whether you are intoxicated and in actual physical control of the vehicle. If you are caught drunk in a parked car, officers may assess the following factors before making an arrest:
1. Observations Upon Approach
When police approach a parked car, they immediately look for signs of impairment, such as:
- The smell of alcohol or marijuana
- Slurred speech or bloodshot eyes
- Open alcohol containers inside the vehicle
- Difficulty responding to questions
Even if you’re not driving, these signs may be enough for an officer to initiate a DUI investigation.
2. Field Sobriety Tests and Breathalyzer
If an officer suspects you are intoxicated, they may ask you to step out of the vehicle and perform field sobriety tests (FSTs). These tests assess your coordination, balance, and ability to follow instructions. Additionally, a breathalyzer test may be administered to determine your blood alcohol concentration (BAC). If your BAC is 0.08% or higher, you could be charged—even if you were only caught drunk in a parked car and never intended to drive.
3. Key Position and Engine Status
Police also examine whether the keys are in the ignition, within reach, or if the engine is running. If the keys are in your lap or the vehicle is on, officers may argue that you had the potential to operate the car while intoxicated. This is why so many people are caught drunk in a parked car and charged with DUI, even when they had no intention of driving.
Defenses Against DUI Charges in a Parked Car
If you’ve been caught drunk in a parked car, there are legal defenses that may help your case:
- Lack of Actual Physical Control – If you were asleep in the back seat and had no keys in the ignition, you might not have had control of the vehicle.
- No Probable Cause – If the police lacked a valid reason to approach you, the charges could be challenged.
- Violation of Constitutional Rights – If the stop or arrest was unlawful, evidence could be thrown out.
Frequently Asked Questions (FAQs)
1. Can I be charged with DUI if my car is parked?
Yes. Arizona law considers actual physical control, meaning you can be arrested even if you never drove.
2. What if I sleep in my car to avoid driving?
You can still be charged if officers believe you had the potential to drive while intoxicated.
3. Does it matter where my car is parked?
It may. Private property cases are harder to prosecute, but DUIs can still be charged anywhere in Arizona.
4. What should I do if I get arrested?
Stay calm, don’t admit to drinking, and call AZ DUI Pros at (602) 922-3755 immediately.
Relevant ARS Statutes
A.R.S. § 28-1381 – DUI Laws
Covers DUI charges for driving or having “actual physical control” of a vehicle while impaired.
A.R.S. § 28-1382 – Extreme DUI
Applies when a person’s BAC is 0.15% or higher, leading to harsher penalties.
A.R.S. § 28-1383 – Aggravated DUI
Defines felony DUIs, which occur in cases like repeated offenses or driving under a suspended license.
Conclusion: Contact AZ DUI Pros for Help
If you have been caught drunk in a parked car in Tucson, you need skilled legal representation. Arizona DUI laws are strict, but a strong defense can make all the difference. AZ DUI Pros has successfully defended countless DUI cases and can help protect your rights.
Don’t let a DUI ruin your future. Call AZ DUI Pros at (602) 922-3755 today for a free consultation. Let us fight for you.
