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Can you get a DUI when you're not driving?
I know that you can get a DUI if you’re under the influence of alcohol while you’re driving. However, I was chatting with a friend, and he told me you can still get a DUI even if you aren’t driving. Is that true? Can you get a DUI if you’re not behind the wheel?
Eric Schad · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
Your friend is actually correct! In most states, you can get a
DUI
even if you’re not driving under two circumstances:- If you’re in the car and the keys are in the ignition. This is unfortunate for impaired drivers who pull over in an attempt to sleep it off. However, keys in the ignition legally demonstrate the desire to drive the car, so you can still get a DUI. If you can’t drive home due to intoxication, you can probably sleep in your car—but make sure that the keys aren’t in the ignition.
- A law enforcement officer has reasonable cause to think or evidence to prove that you were driving intoxicated at an earlier time. Some intoxicated drivers try to skirt the DUI law by pulling over and fleeing. Once a legal loophole, many states have changed their laws and have given police officers more power to enforce DUIs, even if the driver is outside of the vehicle when caught.
Because of the financial burden, social stigma, and even professional backlash due to a DUI, always call a sober ride, whether it’s a rideshare, a family member, or a friend. It may seem like a hassle, but it’s the best alternative when you compare it with driving under the influence.
If you’ve been convicted of a DUI, your car insurance rates are likely to skyrocket. But that doesn’t mean you have to pay top dollar. Instead, compare rates by using the
Jerry
app.Jerry is a licensed insurance broker that gathers quotes from 50-plus top-rated insurers in minutes. After you find a great rate, Jerry can help you buy new insurance and cancel your old policy. Customers save an average of nearly $900 per year.
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- Gregory R.
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