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Does the car have to be moving for me to be found guilty of DUI?

Posted by Sean Quinlan | Jan 05, 2015 | 0 Comments

Does the car have to be moving for me to be found guilty of DUI?

No. In Pennsylvania, you can be convicted for DUI even if you're not actually driving the car.

The key is whether you had the capability and power to dominate, direct, or control the
vehicle.  It doesn't matter whether you were actually exercising that power at the time.

In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI because you are in actual physical control of the car.  There are, however, exceptions to this general rule which must be considered before simply applying for ARD or pleading guilty.

Arrested for DUI? Contact Attorney Quinlan at 717 202-2277 or visit our website at

About the Author

Sean Quinlan

Attorney Quinlan has practiced law in Pennsylvania since 2001. He earned his J.D. at Widener University School of Law in Harrisburg, PA, and earned his B.A. at Bloomsburg University in Bloomsburg, PA. He is a member of the Pennsylvania Bar. He also belongs to the Pennsylvania State Bar Associati...


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