It can be quite difficult to believe that the keys do not have to be in the ignition to be charged with driving while under the influence (DUI) in New York. However, it can be even more difficult to grasp the fact that an individual does not even have to be driving to be convicted of a DUI. In New York, if an individual is in actual physical control of their vehicle while they are under the influence of illegal substances such as alcohol or drugs, they can get a DUI. A DUI can have grave consequences that negatively affect a person’s life. If you have been charged with a DUI, contact a determined Rockland County DUI Attorney who can help defend your rights and prove you were not in actual physical control of the vehicle while under the influence of illegal substances.
Is it possible to get charged with DUI when the keys are not in the ignition in New York?
An individual can get charged with DUI when the keys are not in the ignition. According to New York law, an individual can get charged with DUI when their blood alcohol concentration (BAC) is .08% or above and they are in physical control of the vehicle. It can be quite confusing to grasp what physical control of a vehicle means in terms of the law. Essentially, being in actual physical control of a vehicle means that an individual has the apparent ability to operate a vehicle. The law never stipulates that an individual has to be driving to be in physical control of a vehicle. To determine if an individual was in actual physical control of a vehicle, the court will analyze the following circumstances:
- Was the individual behind the wheel?
- Did the individual have the vehicle’s keys in their possession?
- Did the individual have the engine running (regardless of whether it was only turned on for the cooling or heating system)?
- Was the car broken down?
- Where was the vehicle parked and how did it get there?
The court will evaluate these factors to determine whether an individual was in actual physical control of their vehicle, which means they had the intent or ability to set their vehicle in motion while impaired. The keys do not have to be in the ignition for an individual to be charged with DUI. It is imperative for individuals convicted of a DUI to obtain the legal services of an experienced Rockland County DUI attorney who can help investigate the circumstances of the arrest.
If you or someone you love has been charged with a DUI, please don’t hesitate to get in touch with one of our trusted and dedicated attorneys. Our firm is committed to helping our clients achieve favorable results. Allow our firm to fight on your behalf today.