If the driver didn t have keys readily accessible a jury might be unwilling to convict.
Keys in car dui.
This meant that sitting in the driver s seat keys in hand or in the ignition even while the car is parked and engine off can still lead to a dui in several states.
These circumstances can make it difficult to prove that you have been operating the vehicle before you fell asleep.
Defendant was intoxicated and the keys to the ignition were in his pocket.
No other people were in the area.
He was pushing from the driver s side with the driver s door open.
Court found defendant was in actual physical control of the car.
But a driver who had the keys within reach or in the ignition won t likely fare well with this issue at trial.
Whether the car s engine was running.
The indirect evidence may come in the form of several pieces of circumstantial evidence.
Driving is sufficient but not a requirement for a dui conviction.
The purpose is to deter any type of drunk driving before it happens.
Additionally if the person is in the car in the driver s seat with the keys in their hand but not in the ignition this can be charged as a parked car dui.
Defendant was pushing his car on the roadway.
However if you find yourself snoozing in your car make sure you sleep in the back seat the keys are far away from the ignition such as in the trunk of your car.
Building a dui defense.