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Can you still get a DUI even if you’re not actually driving?

I’ve recently heard about someone who was arrested for DUI, but the car wasn’t even moving! Is that even legal? Can you still get a DUI if you’re not actually driving the car?

avatar
Michelle Ballestrasse · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
I know, everyone knows someone who knows someone who once got really drunk and had to sleep it off in their car. It happens—mostly because no one thinks they can get cited for driving under the influence if they’re not actually driving.
But the issue is, depending on the state you live in, you can still get a DUI, even if the car isn’t actually moving. Certain states, like
North Dakota
define a DUI as an intoxicated person in physical control of the vehicle, regardless of whether or not the vehicle is running. That can mean something as simple as sitting in the driver’s seat.
While we encourage drivers to familiarize themselves with their state’s respective
DUI laws
, more importantly, we encourage drivers to drink responsibly. Sleeping in your car can also be dangerous, as you’re more vulnerable to robbery. Designate a driver, or hire a rideshare instead!
And if you’re worried about leaving your car overnight, take the appropriate steps to protect it. Don’t leave any possessions in plain sight, make sure it’s completely locked, and get
comprehensive insurance
to cover any damage incurred.
With
Jerry
, you can find great comprehensive rates in minutes. Jerry brings you tailored quotes from over 50 carriers to help you find the right policy at a great price, so you’re always covered.
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Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content.

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