HARRISBURG, Pa. (WHTM) – “A person has physical control of their vehicle if their keys are in the ignition,” says Sergeant Jason Reber, of Susquehanna Township Police.
Physical control is a key phrase in determining if someone could be given a DUI while parked.
“Let’s say they’re in a parking lot, and at that time they decide to sleep it off, but they leave the keys in the car to stay warm. By law, they can still be charged with a DUI.”
The statewide law Sergeant Reber is referring to says a person “may not drive, operate or be in physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol.” A.k.a–you’re drunk.
According to this law, it doesn’t matter if you’re parked or not–you can still be arrested.
“The car doesn’t have to be moving to have actual physical control of your vehicle. You do not actually have to be physically driving the vehicle at that time.”
Getting into the passenger seat isn’t any better, police say. Neither is the argument, “I’m just buzzed.”
“Buzzed driving is drunk driving,” says Patrolman Shawn Moore of Swatara Township Police.
Patrolman Moore is a field sobriety test instructor and a passionate enforcer of DUI laws.
