Can the police charge me with DUI if they did not see me driving?
Yes. While most people refer to the offense as Driving Under the Influence (DUI), Pennsylvania law is broader than just driving. Under Pennsylvania’s DUI statute, it is illegal for a person to:
✅ Drive
✅ Operate
✅ Or be in actual physical control of the movement of a vehicle
after consuming enough alcohol or drugs to be impaired.
The phrase “actual physical control” is not clearly defined in the statute, but Pennsylvania courts have provided guidance through numerous DUI cases over the years.
What is Considered “Actual Physical Control” for DUI Charges?
Actual physical control means more than just actively driving the vehicle. A person can be charged with DUI even if they are not seen driving, depending on the circumstances.
Example Where Actual Physical Control Was Found:
In one Pennsylvania DUI case, a person was parked on the shoulder of the road about 50 yards from the bar where they had purchased alcohol. The car’s engine was running, the high beams were on, and part of the vehicle was sticking into the traffic lane. The court ruled that the person was in actual physical control, which justified a DUI charge.
Example Where Actual Physical Control Was Not Found:
In another case, the suspect was found asleep in the driver’s seat of a running vehicle, which was parked in the lot of the establishment where they had been drinking. In that scenario, the court ruled the suspect was not in actual physical control of the vehicle.
Why Actual Physical Control Cases Are Highly Fact-Sensitive
Determining whether someone was in actual physical control is a fact-specific analysis that depends on the unique circumstances of each case, such as:
Was the vehicle running?
Where was the vehicle parked?
Was the car positioned in a way that suggested recent operation?
Was the person behind the wheel with access to the keys?
Because Pennsylvania courts frequently issue new rulings interpreting actual physical control, it’s essential to consult a defense attorney who is up to date on the latest DUI case law.
Facing a DUI Charge Without Evidence of Driving? Speak With an Experienced DUI Lawyer
If you’ve been charged with DUI in Pennsylvania but were not seen driving, the prosecution may rely on the actual physical control theory. These cases are often complex and defensible, but only with the help of a knowledgeable DUI defense attorney who understands how courts interpret this legal standard.
Contact JD Law Today for a Free Consultation
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.