Is It Legal to Arrest Me for DUI When I Was Sitting in a Parked Car?

In Oklahoma, you do not have to be driving a car to be arrested and convicted for DUI. Even “sleeping it off” while parked in a parking lot or driveway is enough. Oklahoma law is very specific about when you are in control of a vehicle, as you may be a danger to yourself or others if you make the decision to drive drunk.

Specifically, the law states that you are guilty of DUI if you are under the influence and you “drive, operate, or [are] in actual physical control of a motor vehicle within [Oklahoma], whether upon public roads, highways, streets, turnpikes, other public places or upon any private road, street, alley or lane which provides access to one or more single or multi-family dwellings”. 47 O.S. § 11-902. Breaking down this language, it is not necessary that you are driving for DUI. You can be sitting in the driver’s seat of an idling car with the air conditioning or heater on, or even sleeping in the back with the keys in your hand. This is known as actual physical control (APC).

Further, DUIs occur not just on public streets or highways, but also on private roads such as driveways that lead to houses. If law enforcement sees you getting into your car outside a friend’s house to sober up before driving home, you could be arrested. The law also states that you can be arrested in “other public places”, emphasizing that safety in public places is a priority for the state. As a result, you could be arrested in the parking lot of a bar. However, the statute does not directly mention whether sitting in a private driveway that leads only to a single commercial business would be considered a DUI, though it could be encompassed under the “other public places” catch-all provision.

Note that you can be charged with DUI when operating many types of motor vehicles. A “motor vehicle” for purposes of Oklahoma DUI law includes “any device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.” 47 O.S. § 1-186. Two exceptions are motorized wheelchairs and electric personal assistive mobility devices. Cars, trucks, motorcycle, and even golf cars or go-karts fit under this definition.

In sum, you can be charged with DUI while sitting in a parked car, even if you are in your own driveway. There are many situations where you can receive a DUI when not driving a car on the highway because of Oklahoma’s APC law and the definition of “motor vehicle”.

If you are facing DUI charges, seek out an attorney who knows the Oklahoma criminal law system inside and out. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.