Can You Get a DUI While Parked in Tennessee?
The short answer: Yes, you can get a DUI while responsibly parked in Tennessee, even without the engine running. This has to do with the specific wording of Tennessee’s driving under the influence statute, which allows prosecutors to charge you with a DUI if you were in ‘physical control’ of the vehicle while legally intoxicated. Contact a Tennessee DUI defense lawyer immediately if you were charged with driving under the influence when you weren’t even driving.
Understanding Tennessee’s Driving Under the Influence Statute
Tennessee’s DUI law (Tenn. Code Ann. § 55-10-401) makes it unlawful for anyone to be in ‘physical control’ of an automobile while parked at any shopping center, apartment complex, trailer park, or other public area while under the influence of alcohol or another controlled substance. You do not have to be operating the vehicle at the time of arrest. It is enough if police officers subjectively determine that you ‘could’ control the car.
In determining whether you were in physical control of the vehicle when police approached, courts generally consider the following five factors:
- Condition of the vehicle: Judges consider whether the vehicle was in working condition or, in other words, capable of being driven when the stop occurred.
- Defendant’s ability to drive: If you were physically capable of driving the vehicle, including waking up to do so after napping, this may support a parked DUI conviction.
- Vehicle status: Whether the vehicle was idling, running, or off at the time of arrest.
- Key location: Whether your keys were in your purse, in the backseat, or in the ignition is a strong indicator of physical control in Tennessee.
- Location of the offender: The defendant’s location, whether in the driver’s seat, backseat or outside the vehicle, is also considered.
A judge will balance these factors in making a physical control determination. As such, it’s essential to have a dedicated Tennessee DUI defense lawyer on your side to prevent prosecutors from skewing the facts only in the government’s favor.
Defenses to ‘Parked’ DUI Charges
An experienced criminal defense lawyer can challenge impaired driving charges on numerous grounds, especially if you were safely parked before police arrived. This often involves disproving that you had ‘physical control’ of the vehicle when the arrest occurred or challenging the validity of the stop and sobriety test results.
Disproving Physical Control
In parked DUI cases, your attorney might argue that balancing the above factors disproves you were in control of the vehicle. He might show that you were sleeping in the backseat, your keys were in your purse, or that you were only staying warm while making a phone call.
Challenging the Arrest and Test Results
Police officers must have a valid reason to approach you while parked. They cannot simply assume you’re intoxicated because you’re parked near a restaurant or napping. They must describe, with detail, why they reasonably suspected unlawful behavior. In addition to challenging the ‘stop,’ an experienced criminal defense lawyer might also challenge the validity of field sobriety, breathalyzer, and blood test results.
Contact a Dedicated Tennessee DUI Defense Attorney Immediately
Do not let prosecutors get away with charging you with a DUI when you made the responsible choice to park your vehicle. Contact experienced Tennessee DUI defense attorney Joshua T. Crain immediately to begin building your defense. Call us today at (615) 235-5216 or contact us online.