Many people assume that parking their car and stepping away from the driver’s seat is enough to avoid a DUI. It seems logical—after all, if you’re not driving, how could you be charged with driving under the influence? Unfortunately, Tennessee law isn’t quite that simple. Even if your vehicle is parked, you could still face DUI charges.
This guide explains how Tennessee’s DUI laws apply to parked cars, focusing on what it means to be in “physical control” of a vehicle. We’ll cover scenarios where you could be charged with DUI without ever hitting the road and how a DUI lawyer in Knoxville can help fight these allegations.
Tennessee's DUI Laws and Physical Control
Most people think of a DUI as something that only happens when you’re behind the wheel and driving down the road. However, Tennessee’s DUI laws are written to include not just driving, but also being in physical control of a vehicle. This means that even if your car is parked, you could still face DUI charges if you are in a position where you could operate the vehicle. One might find this unusual, but the reasoning is simple: by limiting any potential for impaired driving, Tennessee aims to reduce DUI-related incidents before they start.
What Is Physical Control?
The term “physical control” refers to having the means and capability to operate a vehicle, even if the vehicle isn’t in motion. Tennessee courts use a “totality of circumstances” approach to determine whether someone is in physical control of a vehicle. This involves evaluating multiple factors to assess whether an individual has the potential to operate the vehicle.
To determine physical control, law enforcement and courts consider five key factors:
- Defendant’s Location: Where you are positioned inside or around the vehicle matters. Being in the driver’s seat is a strong indicator of physical control, and even being in the back seat or outside the vehicle might suggest physical control depending on the circumstances. Or, the State can argue that you were driving before you entered the back seat or were outside of the vehicle such as in car accident cases or where you are on the side of the highway changing a flat tire for example.
- Key Location: The location of the keys is critical. If the keys are in the ignition or within easy reach, it suggests that you have the capability to start the vehicle. Keys in the trunk or stored far away may indicate a lack of physical control. However, again, keys in the trunk or stored far away does not necessarily mean you are not in physical control. The Court looks at the totality of the circumstances.
- Vehicle Running: If the engine is running–even if you’re just trying to stay warm or charge your phone–it’s much easier for law enforcement to argue that you were in physical control of the vehicle.
- Defendant’s Ability to Drive the Vehicle: This factor considers whether the defendant is physically capable of operating the car. If you are in the driver’s seat and fully capable of driving (despite being intoxicated), this supports a finding of physical control. This factor is often used to discuss the other factors such as the key location or defendant’s location that just because you are asleep in the back seat with the keys out of the ignition it does not mean you were not physically capable of waking up to operate the vehicle while still impaired.
- Vehicle Condition: This refers to the vehicle’s condition. If the vehicle is in working order and could be driven, it is more likely that you will be considered to have physical control. However, if the car is broken down or otherwise inoperable, this might reduce the likelihood of being charged.
Examples of Physical Control
To better understand how physical control works, let’s look at a few hypothetical scenarios:
- If you decide to sleep it off in the driver’s seat with the keys in the ignition or even in your pocket, you may be seen as having physical control of the vehicle.
- If you sit in the driver’s seat with the engine running to keep warm or charge your phone while intoxicated, law enforcement could determine that you are in physical control.
- Even if you’re parked in a private lot, like outside a friend’s house or in your driveway, you could still be charged if you meet the criteria for physical control. However, this example would then be a question whether you were on a public road or area frequented by the public.
What to Do If You’re Suspected of DUI While Parked
If you find yourself approached by law enforcement while in a parked car and a DUI investigation seems likely, it is important to act wisely to protect your rights and improve your chances of a favorable outcome. Here are steps you should take:
- Stay Calm and Cooperate: If approached by law enforcement, stay calm and cooperate with their requests. Avoid being argumentative, as this can escalate the situation. Politeness and cooperation can help you avoid additional charges or complications.
- Do Not Incriminate Yourself: You have the right to remain silent. It’s best to provide basic identification information when asked, but refrain from answering questions about drinking or your activities without an attorney present. Anything you say can be used against you in court, so it’s wise to exercise your right to remain silent.
- Do Not Consent to Breath or Blood Tests: In Tennessee, you are not required to consent to blood or breath tests without a warrant. Refusing these tests can result in an implied consent charge, but consenting only strengthens the officer’s DUI investigation.
- Do Not Consent to Field Sobriety Tests: Field sobriety tests are often subjective and designed to gather evidence against you. Politely refuse these tests, as you are not legally required to perform them. Refusing may help protect your case.
- Document Everything: If possible, take note of everything that happened before and during your interaction with law enforcement. This could include where you were parked, where the keys were located, whether the engine was running, and any other details that could be relevant to your case. These notes can be useful for your attorney when building your defense.
- Contact an Attorney Immediately: As soon as you’re able, contact a DUI attorney in Tennessee with a proven track record in cases such as these. They can provide guidance on what to expect, how to handle the charges, and work on building a defense for your case.
Defenses Against DUI in a Parked Car
Facing a DUI accusation from being in a parked car can be stressful, especially when you thought you were acting responsibly by not driving. Fortunately, there are defenses may help reduce or even dismiss these charges. Here are some strategies that an experienced DUI attorney may use to defend your case:
Lack of Intent to Drive
A compelling defense is showing that you had no intention of driving while impaired. For instance, if you were asleep in the backseat with the car off and no plans to drive, it can help demonstrate that you were simply trying to avoid driving under the influence. Proving a lack of intent highlights that you were taking responsible steps to stay off the road, rather than preparing to drive.
Location of Keys
The location of the car keys plays an important role in determining physical control. If the keys were not in the ignition or were stored in an inaccessible place, such as the glove box, trunk, or even outside the car, it could serve as evidence that you had no intent or capability to operate the vehicle. It all comes down to the argument by your DUI defense attorney at the end of the day.
Vehicle Condition
If the vehicle was inoperable, this can be a powerful defense. For example, if the car had a mechanical issue wherein a mechanic is necessary it suggests that the vehicle couldn’t have been driven, regardless of your intentions. Evidence of inoperability, like a repair receipt or photos, can weaken the prosecution’s claim that you were in “physical control” of a drivable vehicle. In State v. Ball, the Tennessee Court of Criminal Appeals upheld a conviction where a vehicle was out of gas because the defendant could have, although they did not, walk to a gas station, get a gallon of gas, and walk back to the car to fill it up and drive impaired. However, again, this is why hiring the best DUI defense attorney is so important because if the jury did not find the defendant in physical control, then he would have been innocent and the Court of Criminal Appeals if the State appealed would have likely affirmed the jury’s decision.
Witness Testimonies
Witnesses can be invaluable in supporting your case, especially if they can confirm that you had no plans to drive. A friend, rideshare driver, or anyone who saw you making arrangements to stay put can provide statements that reinforce your intent to remain parked. Testimonies like these support your case by showing you were taking steps to avoid driving rather than risking getting behind the wheel.
Lack of Evidence of Recent Driving
For a DUI conviction, the prosecution must prove you were in physical control of the vehicle while impaired. If there’s no evidence that you recently drove or intended to drive, this can be a significant defense. For example, if the engine was cold or there were no tire marks indicating recent movement, it can support the argument that you had been parked and had no plans to drive while impaired.
Policy Argument Against Physical Control In Negotiations:
From a policy standpoint, the State is setting up a scary precedent to the public under some scenarios where the State pursues a DUI physical control case. For example, an individual who sleeps in their car instead of driving home after going out to the bars is making a good decision to avoid drunk driving and putting the public at large in danger. Yet, the State punishes that individual for it by charging and potentially convicting that individual of DUI. By informing the public that sleeping in your car will result in a DUI, an individual is more likely to attempt to drive home to avoid a DUI wherein they could get in a serious car accident injuring or killing individuals in the community and themselves. This is one argument we make to prosecutors in attempting to avoid DUI convictions on behalf of our clients.
Physical control cases truly come down to an attorney’s ability to convince a jury, judge or prosecutor that either physical control does not exist, or the State should not pursue the case. Ultimately, it creates a slippery slope in some scenarios that an individual who is simply getting a bag out of their vehicle while waiting on an Uber can be convicted of DUI, an individual drunk sleeping in their RV can be convicted of DUI. These scenarios, and countless other scenarios can result in DUI charges.
Our DUI Lawyers In Knoxville Can Set The Record Straight
If you’re facing a DUI charge despite staying off the road, you deserve a defense that recognizes your intent to stay safe. The DUI defense team at Barnes & Fersten is ready to stand by your side, challenge these charges, and advocate for your rights every step of the way. We have a deep understanding of Tennessee’s DUI laws and a proven track record in defending these cases. Call us at 865-805-5703 or fill out our contact form for a free consultation, so you can take the first steps towards securing peace of mind.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
