Does the Car have to be moving for me to be found guilty of DUI?
Quinlan Law Group: Harrisburg DUI Lawyer and Criminal Defense Attorney.
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 you decide simply to seek ARD or plead guilty.