Can I Be Charged With DUI in Maryland if I Was Not Driving?

 Posted on July 21, 2025 in DUI Defense

Most people associate a DUI arrest with being caught driving under the influence. However, you might be surprised to learn that according to Maryland DUI law, you do not have to be actively driving to be charged. Under certain circumstances, you can still be arrested and prosecuted for DUI even if your car was parked and not moving.

If you were simply sitting in your car and ended up in handcuffs, you may be wondering how this could happen and what you can do about it. Speak with a qualified Baltimore County, MD DUI defense lawyer to understand the implications and your options.

What Does "Actual Physical Control" Mean in Maryland DUI Cases?

According to Maryland law statute §21–902, you can be charged with DUI if, as the driver, you are in "actual physical control" of a vehicle while impaired. This means having the immediate ability to operate the vehicle, even if you did not intend to drive or never put the car in gear.

Police and prosecutors look at several key factors to make this argument:

• Whether you were in the driver’s seat

• Whether the keys were in the ignition or within your reach

• Whether the engine was running

• Where the vehicle was parked (e.g., on a roadway or in a public place)

• Whether you showed signs of intoxication

For example, if you pulled over to rest or "sleep it off" with the keys nearby, the police might still decide you were in control of the vehicle and make an arrest.

How Can I Defend Myself Against DUI Charges If I Was Not Driving?

These cases are very fact-specific, and a strong defense often hinges on showing that you were not a danger to the public and had no intent to drive. You may have been using the vehicle only for shelter, or the keys may have been stored away. The vehicle’s location and your actions before the arrest also play a role.

A skilled DUI lawyer can challenge the arresting officer’s judgment, question whether your rights were violated, and demonstrate how you were not in control of the vehicle at the time of the arrest. If police lacked probable cause or mishandled field testing or the traffic stop, those issues could also be used to get the charges reduced or dismissed.

Contact a Towson, MD DUI Defense Attorney

DUI charges based on actual physical control can be tough to fight, but not impossible. The consequences of a conviction include license suspension, heavy fines, a criminal record, and potential jail time, even for a first offense.

If you were charged with DUI while parked or not driving, you might have options. Contact a Baltimore County, MD DUI defense lawyer at Kirk Seaman, LLC today. We have been representing clients in Maryland since 1953 and are available 24/7. Call now for a free consultation at 410-837-6077.