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Published on 9/9/2024, 3:23:00 PM

Can I Get a DUI While I'm Parked in Maryland?

In Maryland, you might wonder if you can be charged with drunk driving while parked in your car. The answer is yes - under certain circumstances, you can. This blog post will explore the legal nuances and factors that influence whether you can face a DUI charge while parked.

Understanding DUI Charges in Maryland

Maryland law does not require that a person be actively driving to be charged with a DUI. The key factor is whether you are in actual physical control of the vehicle. Here's what you need to know:

Control of the Vehicle

In Maryland, you can be charged with a DUI even if you are not driving. Actual Physical Control of the vehicle can be established if you are:

  • Sitting in the driver's seat.
  • Holding the keys to the vehicle.
  • In a position that suggests you could start the vehicle.
  • If the car is running, or if the headlights are on.
  • If the car is illegally parked or partially in the roadway.

Factors Affecting DUI Charges

Several factors determine whether you can be charged with a DUI while parked:

  1. Intent to Drive: If law enforcement believes you intended to drive or were in a position to do so, you could be charged. For example, if you are found in the driver's seat with the engine running or the keys in the ignition, this may imply intent. There are alternative explanations for having a car running, like A/C or Heat.

  2. Impairment: A person is impaired when alcohol has to some extent impaired the person's normal coordination. This means that the person's abilities have been reduced by the consumption of alcohol

  3. Location and Circumstances: The location where you are parked and the circumstances surrounding your situation can also affect the charge. For instance, being parked in a public area or near a place where you could reasonably be expected to drive might impact the outcome. Being legally parked off the roadway is treated differently than being parked in a travel lane of the roadway.

Legal Consequences of a DUI in Maryland

A DUI conviction in Maryland can result in severe consequences, including:

  • Fines: Substantial monetary fines.
  • Jail Time: Possible incarceration, depending on the severity of the offense and any prior convictions.
  • License Suspension: Your driving privileges may be suspended, affecting your ability to drive legally.

For more details on the penalties for a DUI conviction, see our DUI/DWI penalties chart.

Possible Defenses Against a DUI Charge

If you are charged with a DUI or DWI while parked, there are several defenses you might consider:

  1. Lack of Intent: You may argue that you had no intention of driving. Demonstrating that you were merely resting or waiting for a ride can be a valid defense. Evidence such as a pre-arranged ride or a reasonable explanation for your presence in the driver's seat can support this defense.

  2. Procedural Issues: Challenges to the way law enforcement handled your case can also be effective. This includes issues with how evidence was collected or procedural errors made during your arrest.

  3. No Evidence of Impairment: If the prosecution cannot prove that you were impaired, it may weaken their case. If you were parked in a manner consistent with safe, lawful behavior and there was no visible impairment, this can be a strong defense.

Why You Need Legal Representation

Navigating a driving under the influence charge, especially if you were parked, requires expert legal representation. The nuances of Maryland law and the potential for severe penalties make it crucial to have an experienced attorney on your side.

At FrizWoods LLC, we specialize in criminal defense cases, including DUI. Our team of skilled attorneys will work diligently to defend your rights and achieve the best possible outcome for your case.

For more information about our services or to schedule a consultation, visit our Anne Arundel DUI Lawyer page.

Conclusion

You can indeed get a DUI while parked in Maryland, particularly if you are found in control of the vehicle and show signs of impairment. Understanding the factors that influence a DUI charge and having a strong legal defense can make all the difference in your case.

If you find yourself facing a drunk driving charge while parked, don't hesitate to seek legal advice from our team. We are here to help you navigate the complexities of the legal system and protect your rights.

For more insights and resources, explore our blog or contact us directly.