Why was I charged with a DUI when I was not driving?

Pennsylvania’s Driving Under the Influence statute allows for police officers to make arrest for DUI if some has actual physical control of the movement of a vehicle, even if they are not actively driving the vehicle. The Courts have interpreted this to mean that, if an individual is either in or around a vehicle with the keys in their possession allowing them to operate the vehicle they are in actual physical control of the vehicle.

This means that if you are leaving an establishment and feel that you are unable to drive home you can be charged with a DUI for getting into your vehicle to sleep it off, even if you do not move your vehicle. The police can and will likely charge you with a DUI. In Pennsylvania you can be charged with Driving Under the Influence if you are on a highway or traffic way. In basic terms this is a road or other area in which people can operate their vehicles which is open to the public. This includes parking garages and parking lots, and even private land. Because of all of these nuances it is important to hire a firm with experience in all kinds of DUI situations.

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