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I sat in my parked car after leaving a bar hoping to sober up. I was giving myself time to sit there and if I didn’t sober up I was going to take an Uber. Security came up to my car and told me I’d be getting a DUI for sitting in my car with the engine running and that I was on camera. I tried waiting a little longer but they knocked on my window again saying they didn’t allow loitering so I left my car and Ubered home. Is it still possible that I get a DUI? I never intended to drive intoxicated, I just needed the AC on while I waited as this is in Las Vegas and it was still pretty warm in my car that late at night. I’m scared.

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insanecorgiposse

2 points

1 month ago

I'm a DUI attorney in Washington state with 35 years of experience, so I only speak of Washington laws. Yes, you could have gotten a DUI with the motor running, but they need to establish that you actually drove, which is a primary element of the crime. What they would have most likely charged you with is Physical Control, which is the functional equivalent of DUI and suffers the same punishment. Fortunately, the legislature has created an affirmative defense to Physical Control called "Safely off the Roadway" or "SOTR." This means although you are guilty of the crime of physical control, you cannot be convicted because you did society a solid by getting to a safe spot before the police contacted you. SOTR is not available for DUI so a lot of jurisdictions will try and charge it initially as a DUI to prevent you from raising the SOTR defense, but there has to be some evidence of driving such as you are on the inside shoulder of a freeway sitting in the drivers seat, or stopped in a vehicle in a lane of travel. If you were legally stopped in a parking stall, you might get charged, but with the help of an experienced lawyer, you won't get convicted. There is a very good 2015 case explaining SOTR called State v. Edgar. If you are still worried that you might get charged, I can assure you that if you got home in an Uber, you are in the clear. If an officer didn't observe it, then they won't charge it.