Most people assume they cannot get a DUI if they are not driving. However, in Tennessee, that is not always the case. Under the state’s actual physical control (APC) doctrine (also used in most U.S. states), the police can charge you even if your car is not moving.
How does actual physical control work?
According to Tennessee Code Annotated § 55-10-401, prosecutors can charge you with DUI or DWI if you are in actual physical control of a vehicle while impaired. So, even if you park your car to sleep or just sit behind the wheel, officers can file criminal charges if they believe you had the ability to drive.
Scenarios that could lead to a DUI charge
In Tennessee, you cannot use the excuse “but I was not driving!” to avoid a DUI charge. Yes, you did not drink and drive, but police can arrest you for the following:
- Sleeping in the driver’s seat with the keys in the ignition
- Waiting in a parked car with the engine running
- Sitting in a running car in a parking lot or driveway
- Pulling over to sober up but staying behind the wheel
- Staying on the roadside in a vehicle that could easily be driven
Even when stationary, officers could argue that you were in control and intended to drive.
What do the courts look for?
The courts do not just decide randomly. Judges consider factors such as:
- Whether the vehicle was running or capable of doing so
- Where you are sitting
- Proximity of the keys
- Whether the car was in gear or positioned to move
Do not worry because the courts review all the circumstances surrounding the arrest rather than focusing on one single detail.
Protect your rights
You do not want a DUI charge on your record. It can hurt your personal and professional life even if you were not actually driving. Consult a well-practiced Tennessee DUI defense attorney who can challenge whether you truly had control of the vehicle and fight for a fair outcome.
