Can You Get a DUI in a Parked Car in Rhode Island?

Yes, it is possible to be charged and/or convicted of the offense of Driving Under the Influence of Alcohol or Drugs (DUI) while sitting in a parked car in Rhode Island. In order to prove that you are guilty of DUI, the state must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of an intoxicating substance to the point in which you were incapable of operating safely. If you are found behind the wheel of a parked car, the police may have enough evidence to infer that you had been driving even though they didn’t see you driving. Generally, the police will assume that you were driving prior to when they found you in the car.

Having said that, even though the police may be able to arrest you, that doesn’t mean that they have enough evidence to convict you of DUI. The prosecutor for the State must still prove beyond a reasonable doubt that you were operating the vehicle.

What Evidence May Be Considered To Determine If You Were Operating A Vehicle?

In order to prove operation, the Judge or a Jury may consider whether you had physical control over the vehicle or whether the vehicle was capable of moving. They may consider whether you were found in the driver’s seat or passenger seat, if the keys were in the ignition (or in the car especially for newer vehicles) or if the engine was running at the time the police came on scene.  They may also consider if there is any evidence that the vehicle had recently been driven, such as, video evidence or witness statements and where you were parked. It may be easier to infer recent operation if you are parked on the side of the road, versus in a parking lot or a driveway.

What Is Actual Physical Control Of A Vehicle In Rhode Island?

Actual physical control in Rhode Island means that you were capable of operating or controlling the vehicle, even if you weren’t driving or intending to drive. If the engine was running, even if you didn’t have the intention of driving, you could still be charged with a DUI. If someone else is driving and you manipulate or grab the steering wheel at some point, even though you aren’t in the driver’s seat, that could be considered operating because you had physical control over the vehicle and you could be charged with DUI.

For example, if you’re drunk and you decide to pull over and sleep it off, you could get charged with a DUI because even though you were fully parked, you were in the driver’s seat, the keys were in the ignition and the engine was on. The prosecutor could try and use evidence that shows you had been driving while intoxicated even if the police didn’t see you driving.

There may be strong legal arguments that should be pursued if the police charge you with DUI without seeing you operate the vehicle. This is why it is advised that you seek legal help with a skillful DUI lawyer that knows the case law and is able to argue and fight on your behalf.

What Should I Do If I Get Charged With A DUI In Rhode Island?

The attorneys at Ellison Law LLC are here to help you. They have years of experience navigating the legal system and they will help you to get the best outcome possible. Call us today at 401-230-5520 or contact us through our website.